IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140020085 


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 award of the Combat Action Badge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 25 January 2004, to show the Combat Action Badge, the Purple Heart, and all awards he is authorized as result of his participation in Operation Iraqi Freedom (OIF).

2.  The applicant states his vehicle was hit by an improvised explosive device (IED) while he was engaging the enemy.  All he remembers is that he was medically evacuated to the Combat Support Hospital in Baghdad.  He was then released from active duty prior to receiving the requested awards.

3.  The applicant provides:

* his DD Form 214 for the period ending 25 January 2004
* orders that awarded him the Purple Heart
* active duty orders
* a DA Form 638 (Recommendation for Award)

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 served in the Regular Army from 21 April 1987 to 2 May 1991.  His DD Form 214 for this period of service shows he was awarded the National Defense Service Medal, among other awards.  

3.  He enlisted in the Army National Guard (ARNG) on 3 May 1991 and he served in the ARNG until 22 February 1998.  He enlisted in the U.S. Army Reserve on 23 February 1998.

4.  He was ordered to active duty as a member of the 812th Military Police (MP) Company and he entered active duty on 7 February 2003.

5.  Permanent Orders Number 307-02, issued by the 18th MP Brigade on            3 November 2003, awarded him the Army Commendation Medal for meritorious service during the period 16 April to 10 December 2003.

6.  Permanent Orders Number 352-078, issued by Headquarters, Combined Joint Task Force Seven, Baghdad, Iraq on 18 December 2003, awarded him the Purple Heart for wounds received as a result of enemy or hostile actions on 
5 October 2003.  The DA Form 4187 (Personnel Action) recommending him for the Purple Heart states that, while he was participating in combat operations to liberate Iraq in support of OIF, he was on an MP combat presence patrol when he was injured by a command-detonated IED that detonated next to his vehicle.

7.  He was released from active duty 25 January 2004.  His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon.  His DD Form 214 also shows he served in Iraq from 16 April to 18 December 2003.

8.  Permanent Orders Number 178-02, issued by the U.S. Army Human Resources Command (HRC) on 26 June 2008, awarded the 812th MP Company the Valorous Unit Award for heroism in action during the period 27 April to 
28 November 2003.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	b.  The requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. 

	c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

	d.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Iraq in support of OIF from 
16 April to 18 December 2003.  Therefore, he is authorized the Iraq Campaign Medal with two bronze service stars and the addition of this award to his 
DD Form 214.

2.  Permanent orders awarded him the Purple Heart for wounds received as a result of enemy hostile action on 5 October 2003.  Therefore, this award should be added to his DD Form 214.

3.  The evidence of record shows that on 5 October 2003, while he was participating in combat operations to liberate Iraq in support of OIF, he was on an MP combat presence patrol when he was injured by a command-detonated IED that detonated next to his vehicle.  Therefore, it appears he met the criteria for award of the Combat Action Badge.  It would be appropriate to award him the Combat Action Badge at this time and to add this award to his DD Form 214.

4.  Permanent orders awarded him the Army Commendation Medal for service during the period 16 April to 10 December 2003.  Therefore, this award should be added to his DD Form 214.

5.  Based on his active duty service from 7 February 2003 to 25 January 2004, he is authorized the Global War on Terrorism Service Medal and the addition of this award to his DD Form 214.

6.  He was awarded the National Defense Service Medal for his active duty service in the Regular Army which ended on 2 May 1991.  However, based on his active duty service from 7 February 2003 to 25 January 2004, he is authorized the second award of the National Defense Service Medal and correction of his DD Form 214 to show this award.

7.  The 812th MP Company was awarded the Valorous Unit Award for service during his period of assignment to this unit.  Therefore, this unit award should also be added to his DD Form 214.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  awarding him the Combat Action Badge for actions on 5 October 2003;

	b.  amending his DD Form 214, for the period ending 25 January 2004, by deleting the National Defense Service Medal and adding the:

* Purple Heart
* Army Commendation Medal 
* National Defense Service Medal (2nd Award)
* Iraq Campaign Medal with two bronze service stars 
* Global War on Terrorism Service Medal
* Combat Action Badge
* Valorous Unit Award 



      _______ _   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)                                         AR20140020085



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ABCMR Record of Proceedings (cont)                                         AR20140020085



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