BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150001105 


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, Purple Heart, and the Army Reserve Components Achievement Medal (ARCAM).

2.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 December 2010 to show the awards listed above plus the Army Commendation Medal, a second award of the Army Reserve Components Overseas Training Ribbon (ARCOTR), and the Iraq Campaign Medal with 2 bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM).

3.  The applicant states:

	a.  He was never awarded the Combat Action Badge or Purple Heart for the improvised explosive device (IED) explosion he was involved in on 15 November 2009.  He should be awarded the ARCAM or Army Good Conduct Medal for the period 2001 to 2009 and the Numeral 2 for his ARCOTR.  The Army Commendation Medal is missing from his DD Form 214.

	b.  On 15 November 2009, he was part of route clearance patrol (RCP)-07 that departed Forward Operating Base (FOB) Salerno in Afghanistan along with RCP-09.  RCP-07 was tasked with the observation portion of a route clearance and observation mission from FOB Salerno to a combat outpost about 
25 kilometers away.  The mission was to over-watch and observe the portions of the route that RCP-09 cleared.  They had trucks strung along a line on the route about 5 kilometers long to secure, observe, and prevent the placement of IED’s by enemy forces.  

	c.  Most of the day was uneventful other than RCP-09 encountering many IED’s during their mission.  About 1500 hours, they were called forward to an abandoned medical clinic and told to consolidate all their vehicles as RCP-09 reached their objective and they were returning on a route closer to RCP-07’s location.  Once they linked up with RCP-09, they were to fall in the rear of their convoy and return to base.  When RCP-09 vehicles were all consolidated at the medical clinic, they did a thorough reconnaissance of the area and found it free of explosives, hazards, and enemy forces.  

	d.  RCP-09 was taking longer than expected on the return trip from the outpost because the unobserved portions of the old blast sites had to be thoroughly checked for IEDs.  They pulled security until RCP-09 received their position around 2000 hours and then headed for FOB Salerno.  At 2100 hours, they were passing a burnt-out shipping container and saw a flash.  The next thing he knew, the men in his truck were looking up at the sky, the rear of the truck was in a blast crater.

	e.  As they recovered the truck from the blast crater, another IED mounted in a mud wall at the rear of the truck went off.  Their truck was pulled from the blast crater and towed back to FOB Salerno where it took about 2 weeks to repair.  They were told it was a 50 pound homemade explosive charge that was command detonated.  As soon as they returned to base, he was given the Military Acute Concussion Evaluation test that he failed and he was taken to the base medical facility for further treatment.

4.  The applicant provides:

* his DD Form 214, for the period ending 18 December 2010
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DA Form 2173 (Statement of Medical Examination and Duty Status)
* a memorandum, dated 4 March 2009
* four orders, dated between 29 April 2009 and 4 February 2010
* a Patient Movement Request, dated 25 January 2010
* seven pages of medical records, dated between 16 November 2009 and 26 February 2010
* Defense Casualty Information Processing System (DCISP) Case Management report, printed on 22 February 2010
* DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 11 December 2014
* DA Form 5892 (PEB Liaison Officer (PEBLO) Disability Compensation Worksheet), undated

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 (RA) on 28 May 1999 for a period of 4 years and he held military occupational specialty (MOS) 11H (Antitank Crewmember).  On 29 October 1999, he was assigned to the 1st Battalion, 505th Parachute Infantry Regiment (PIR), Fort Bragg, NC.  On 1 May 2001, he was promoted to the rank/grade of specialist (SPC)/E-4.

3.  On 6 July 2001 his immediate commander recommended that he be separated from the RA under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 7-15, by reason of erroneous enlistment.  

4.  On 10 July 2001 the separation authority approved the separation request and directed the issuance of an Honorable Discharge Certificate.  On 30 July 2001 he was discharged from the RA in the rank of SPC by reason of erroneous entry.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the:

* Army Lapel Button
* Army Achievement Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Driver and Mechanic Badge with “W” Driver Bar

5.  His record contains a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 4 June 2002, wherein it shows he enlisted in the Missouri Army National Guard (MOARNG) in the rank of SPC on that date for a period of 5 years and 30 weeks.  He was subsequently assigned to the 203rd Engineer Combat Battalion (ECB), Joplin, MO.  

6.  In a memorandum to his commander dated 13 March 2003, The Adjutant General (TAG), MOARNG, approved the unit’s request for MOS proficiency for the applicant and stated he was fully qualified in MOS 11H and MOS 62E (Heavy Construction Equipment Operator).   

7.  He was ordered to active duty as a member of his ARNG unit in support of Operation Iraqi Freedom (OIF) and he entered active duty on 15 March 2003.  He served with his ARNG unit in Kuwait from 23 May to 12 June 2003 and in Iraq from 12 June 2003 to 2 July 2004.

8.  He was honorably released from active duty (REFRAD) on 23 August 2004 to the control of his ARNG unit.  He completed 1 year, 5 months, and 9 days of creditable active service during this period of service.  The DD Form 214 he was issued for this period of service shows his MOS as 11H.  It also shows he was awarded or authorized:

* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Army Forces Reserve Medal with “M” Device
* Army Service Ribbon 
* Parachutist Badge
* Driver and Mechanic Badge with “W” Driver Bar
* Army Lapel Button

9.  His record contains a DA Form 638 (Recommendation for Award), dated 3 December 2004, wherein his immediate commander recommended him for award of the Army Achievement Medal (2nd Award) for the period 15 July to 3 December 2004 for his excellent service during redeployment.  The award was approved by the awards authority and Permanent Order (PO) 02-100 was issued by Headquarters (HQ), 203rd ECB, awarding him the Army Achievement Medal (2nd Award).

10.  On an unknown date, he was assigned to the 1138th Engineer Company (Sapper), 1140th Engineer Battalion, 38th Engineer Brigade, MOARNG.  



11.  His record contains:

	a.  A memorandum for record (MFR), dated 12 May 2007, from the 1138th Engineer Company awarding him the ARCOTR for active duty for training (ADT) in Guatemala during Task Force New Horizons from 31 March to 15 April 2007.  This MFR shows the authority as PO 07-100.

	b.  A second MFR, dated 6 June 2007, from Headquarters, 38th Engine Brigade, listing the applicant's name as eligible for the ARCOTR for service during New Horizons Guatemala 2007 from 31 March to 15 April 2007. 

12.  He was subsequently assigned to the 1141st Engineer Company (Sapper), 203rd Engineer Battalion, 372nd Engineer Brigade, MOARNG.  He provides and his record contains Orders 119-245, dated 29 April 2009, ordering him to active duty as a member of his ARNG unit in support of Operation Enduring Freedom (OEF).  These orders show his MOS as 21B (Combat Engineer).  On 20 May 2009, he was promoted to the rank/grade of sergeant (SGT)/E-5.  

13.  He entered active duty as a member of his ARNG unit on 18 September 2009 and on 17 October 2009 he deployed to Afghanistan with his ARNG unit.  

14.  The applicant provides a DA Form 2173, dated 1 March 2010, wherein it stated he was treated as an out-patient at a military facility in Afghanistan on 15 November 2009 (i.e., 16 November 2009) for a traumatic brain injury (TBI) incurred as a result of being involved in an IED blast resulting in a brief period of loss of consciousness.  Since the blast, he had been complaining of headaches and low back pain.  The injury was determined to be in the line of duty. 

15.  On 15 January 2010, he was reduced from SGT to SPC as part of the punishment imposed as the result of nonjudicial punishment (NJP) he received under the provisions of Article15, Uniform Code of Military Justice.

16.  On 25 January 2010, he departed Afghanistan and was sent to Landstuhl Regional Medical Center, Germany for medical treatment.  On 4 February 2010, he was assigned to the Warrior Transition Unit (WTU), Fort Knox, KY.  He subsequently underwent an MEB that recommended he appear before a PEB.

17.  On 11 December 2010, an informal PEB convened and found the applicant was physically unfit for continued service, in part, due to post-traumatic stress disorder, residuals of TBI with post-concussive headaches (due to exposure to an IED blast in Afghanistan in 2009 with loss of consciousness), and lumbosacral strain.  The PEB recommended a combined disability rating of 80 percent and placement on the Temporary Disability Retirement List (TDRL).  He concurred with the PEB findings and recommendation. 

18.  He was honorably retired from active duty and the ARNG on 18 December 2010 in the rank of SPC by reason of temporary disability and he was placed on the TDRL.  He completed 1 year, 3 months, and 1 day of creditable active service during this period of service.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the:

* Afghanistan Campaign Medal with 1 bronze service star
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Army Service Medal
* Overseas Service Ribbon
* Army Reserve Component Overseas Training Ribbon
* Armed Forces Reserve Medal with “M” Device
* Parachutist Badge
* Driver and Mechanic Badge with “W” Driver Bar

19.  The NGB Form 22 he was issued shows he entered the ARNG on 4 June 2002 and he was honorably retired on 18 December 2010 by reason of temporary disability and placed on the TDRL.  He completed 8 years, 6 months, and 15 days of total service in the ARNG of which 2 years, 8 months, and 10 days was active duty service.  

20.  On 6 August 2015, by email, an official with the Casualty Support Section, U.S. Army Human Resources Command (HRC) verified the applicant was injured in an IED blast in Afghanistan.  He stated an IED blast took place when RCP-09 was assisting a recovery operation.  At 2100, there was a blast that injured three Soldiers in the RCP and they continued on the mission.  At 0000, 16 November 2009, another IED detonated and injured one Soldier; they continued on the mission and returned to FOB Salerno.  The applicant was mounted during both blasts and was injured in the second blast.

21.  A review of his ARNG Current Annual Statement, dated 18 April 2011, confirms he had 3 years of consecutive qualifying service for award of the ARCAM from 10 October 2005 through 9 October 2008.  His record is void of any derogatory information during that period of time.

22.  His record is void of orders awarding him the Army Commendation Medal or a second award of the ARCOTR.  His record is void of a memorandum that shows he completed at least 10 days of annual training (AT) or active duty for training (ADT) in a foreign country other than in Guatemala from 31 March to 15 April 2007. 

23.  Army Regulation 600-8-22 states:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injuries caused by enemy placed mine or trap and concussion injuries caused as a result of enemy generated explosions (emphasis added). 

	b.  Award of the Combat Action Badge are branch and MOS 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 ARCAM is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or Army Reserve troop program unit or as an individual mobilization augmentee.  Beginning on 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  

   d.  The ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of AT or ADT for a period of not less than 10 consecutive duty days on foreign soil.  Numerals will be used to denote second and subsequent awards of the ARCOTR.
   
	e.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	f.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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 to 31 December 2011.  Bronze service stars are authorized for each campaign a service member participated in.  A review of the applicant’s record shows during his service in Iraq he participated two campaigns.

	g.  Service members who qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.
   
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in Afghanistan on 16 November 2009 in an IED blast that caused a concussion injury and he was treated for the injury incurred.  As such, he meets the criteria for award of the Purple Heart.

2.  His record shows he served 3 years of qualifying service in the ARNG from 10 October 2005 through 9 October 2008 that meets the criteria for award of the ARCAM (1st Award).  


3.  He served in Iraq from 12 June 2003 to 2 July 2004 and participated in two campaigns during this service.  His DD Form 214 shows he was authorized the GWOTEM for his service in Iraq.  As stated in the governing regulation, he is authorized to request award the Iraq Campaign Medal with 2 bronze service stars in lieu of the GWOTEM.

4.  With respect to award of the Combat Action Badge, the criteria for this badge states the Soldier must be personally present and actively engaging or being engaged by the enemy.  Here, the applicant was clearly present, engaged by the enemy via the IED explosion, and performing satisfactorily in accordance with the prescribed rules of engagement.  He meets the criteria for award of the Combat Action Badge.

5.  With respect to the Army Commendation Medal, the governing regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  The applicant’s record is void of orders, and he has not provided any orders, that shows he was awarded the Army Commendation Medal.

6.  With respect to a second award of the ARCOTR, his record is void of any evidence, and he has not provided any evidence, that shows he completed at least 10 days of AT or ADT in a foreign country other than in Guatemala from 31 March to 15 April 2007 that would qualify him for the ARCOTR (2nd Award).  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

* awarding him the Purple Heart for wounds received in Afghanistan on 16 November 2009
* awarding him the Combat Action Badge for being engaged by the enemy on 16 November 2009
* awarding him the Army Reserve Components Achievement Medal (1st Award) for 3 years of qualifying service in the Army National Guard
* deleting the Global War on Terrorism Expeditionary Medal from his DD Form 214 for the period ending on 18 December 2010
* adding to his DD Form 214 for the period ending 18 December 2010 the:

* Purple Heart
* Combat Action Badge
* Army Reserve Components Achievement Medal (1st Award)
* Iraq Campaign Medal with 2 bronze service stars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Commendation Medal and Army Reserve Components Overseas Training Ribbon (2nd 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.


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ABCMR Record of Proceedings (cont)                                         AR20150001105



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