IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140009661 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show the award of the Combat Infantryman Badge, Purple Heart, Valorous Unit Award, and Army Good Conduct Medal.

2.  He states:

	a.  during his service with the 4th Infantry Division in support of Operation Iraqi Freedom (OIF) in 2003, his unit was scheduled for a 1-year rotation in OIF, but he was wounded in action on 5 June 2003.

	b.  following his initial medical evacuation, he was treated at a field hospital in Baghdad and a Naval Fleet Hospital in Rota, Spain.

	c.  he was transported stateside for convalescent leave and some months later he was granted a hardship discharge due to family issues unrelated to this request.

3.  He provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a DD Form 215 (Correction to DD Form 214)
* a DD Form 4187 (Personnel Action)
* orders
* a citation 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the Regular Army on 4 September 2001.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  He submitted:

	a.  Orders Number 030-01, dated 30 January 2003, which show 1st Brigade Combat Team, Fort Hood, TX was deployed in support of OIF beginning on a date determined by the commander.  The attached manifest shows that he was ordered to deploy with Bravo Company, 1st Battalion, 22d Infantry Regiment, 1st Brigade Combat Team, 4th Infantry Division.

	b.  a DA Form 4187, which shows on 4 June 2003, while on patrol in a Bradley Fighting Vehicle in Bayji, Iraq, his vehicle was hit by enemy forces with a rocket propelled grenade.  He sustained shrapnel injuries to his head, was transported to an aid station for treatment and was ultimately evacuated to the 21st Combat Support Hospital for further treatment.

	c.  Permanent Orders Number 193-04, dated 12 July 2003, show he was awarded the Purple Heart for wounds received as a result of enemy or hostile actions on 4 June 2003.

	d.  a Department of the Army Valorous Unit Award certificate and allied narrative, dated 17 May 2005, which show that the 1st Brigade, 4th Infantry Division, was awarded the Valorous Unit Award for extraordinary heroism in military operations during the period 15 April 2003 to 15 March 2004.


4.  He was honorably discharged due to hardship from active duty on 9 April 2004 after completing 2 years, 4 months, and 6 days of creditable active service.  His record does not contain any evidence of his being disqualified for award of the Army Good Conduct Medal.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service), the entry "00  00  00," indicating he completed no foreign service during the period covered by the DD Form 214 and

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), awarded or authorized the Army Lapel Button, National Defense Service Medal, and Army Service Ribbon. 

	c.  Item 18 (Remarks) of his DD Form 214 does not show he served in support of OIF.

5.  He submitted and his record contains a DD Form 215, dated 14 November 2008, which shows that item 13 of his DD Form 214 was corrected to show award of the Iraq Campaign Medal with one bronze service star and Global War on Terrorism Service Medal.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) verified the applicant's overseas service dates.  DFAS records show the applicant served in Kuwait/Iraq from 5 April to 15 June 2003, a period of 2 months and 10 days.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. It states:

	a.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.


8.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  This regulation states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  an active duty Soldier ordered to deploy to a foreign country, enter in
item 18 the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart.  Therefore, he is entitled to have his DD Form 214 corrected to show this medal.

2.  The available evidence shows the applicant held an infantry MOS, served as an infantry rifleman while assigned to an infantry unit and personally engaged in active ground combat while serving in an infantry unit.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the CIB.

3.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for the first award of the Army Good Conduct Medal.  Based on the applicable regulation, he should be awarded the Army Good Conduct Medal (1st Award) for the period 4 September 2001 to 9 January 2004.

4.  The applicant's unit was cited for award of the Valorous Unit Award during his period of assignment in Iraq.  Therefore, he is entitled the Valorous Unit Award and correction of his DD Form 214 to show this unit award.

5.  DFAS records show the applicant served in Kuwait/Iraq in support of Operation Iraqi Freedom during the period 5 April to 15 June 2003, a period of
2 months and 10 days.  Therefore, item 12f of his DD Form 214 should be corrected to show "0000  02  10" and item 18 should be corrected to show "SERVICE IN KUWAIT/IRAQ FROM 20030405 – 20030615."



BOARD VOTE:
____X____  ___X_____  ____X_____  GRANT FULL RELIEF 

________  ________  _________  GRANT PARTIAL RELIEF 

________  ________  _________  GRANT FORMAL HEARING

________  ________  _________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000 02 10"; 

	b.  awarding him the Combat Infantryman Badge for exemplary conduct in action against the enemy while serving in Iraq on 4 June 2003; 

	c.  awarding him the Army Good Conduct Medal for the period 4 September 2001 to 9 January 2004;

	d.  adding award of the Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal, and Valorous Unit Award to item 13 of his DD Form 214; and

	e.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030405 -20030615 " to item 18 of his DD Form 214.



      ___________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20140009661





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ABCMR Record of Proceedings (cont)                                         AR20140009661



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