BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160001177 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160001177 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 to show award of the Valorous Unit Award and the Afghanistan Campaign Medal with one bronze service star and arrowhead device. 2. The Board further determined 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 Purple Heart and Global War on Terrorism Expeditionary Medal. ______________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. BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160001177 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, Valorous Unit Award, arrowhead device, Global War on Terrorism Expeditionary Medal, and Afghanistan Campaign Medal. 2. The applicant states he was honorably and medically discharged from the service before these awards were released. There may be additional awards of which he is not aware. 3. The applicant provides: * Permanent Orders 071-640, dated 12 March 2002, awarding him the Combat Infantryman Badge * memorandum, subject: Line of Duty Determination on [Applicant], dated 4 March 2003 * Orders 127-0034, dated 7 May 2003, reassigning him to the Army transition point * memorandum, subject: Valorous Unit Award for Task Force Rakassan, dated 2 October 2003 * memorandum, subject: Request for Assault Landing Credit, dated 1 April 2004 * Permanent Orders 092-32, dated 1 April 2004, awarding his unit Assault Landing Credit * DD Form 214 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 enlisted in the Regular Army on 2 April 2001. He served in Afghanistan from 15 January 2002 to 19 July 2002. 3. He provided Permanent Orders 071-640, dated 12 March 2002, awarding him the Combat Infantryman Badge for engaging in active ground combat for the period 2 to 10 March 2002. These orders show he was assigned to the 2nd Battalion, 187th Infantry Regiment. 4. He provided a memorandum from the Chief, Mortuary Affairs and Casualty Support Division, dated 4 March 2003, stating a presumptive finding of in the line of duty (LOD) had been made in the applicant's case for the right elbow injury he sustained in Afghanistan on 3 March 2002. 5. He provided Orders 127-0034 published by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, dated 7 May 2003, reassigning him to the U.S. Army Transition Point on 14 May 2003. The additional instructions state in: a. paragraph d, "Disability is based on injury or disease received in LOD as a direct Result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law: Yes."; and b. paragraph e, "Disability resulted from a combat related injury as defined in 26 USC 104 [Title 26, U.S. Code, section 104]: Yes." 6. He was honorably discharged on 14 May 2003 due to physical disability with severance pay. His DD Form 214 issued for this period shows the following awards: * Army Commendation Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * overseas service bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Combat Infantryman Badge * Air Assault Badge 7. He provided a memorandum, dated 2 October 2003, approving the recommendation for award of the Valorous Unit Award for Task Force Rakassan supporting units for the period 2 to 19 March 2002, including the 2nd Battalion, 187th Infantry Regiment. 8. He provided a memorandum, dated 1 April 2004, approving Assault Landing Credit for certain units, including Detachment, 2nd Battalion, 187th Infantry Regiment. 9. He provided Permanent Orders 092-32, dated 1 April 2004, announcing award of Assault Landing Credit to 2nd Battalion, 187th Infantry Regiment, and other units, during the period 2 to 3 March 2002 for participation in an assault landing (helicopter) into enemy-held territory in the Shahi Khowt Valley, Afghanistan. 10. Department of the Army General Orders Number 10, dated 25 September 2006, confirms the applicant's unit was credited with a helicopter assault landing for the period 2 to 3 March 2002. 11. Department of the Army General Orders Number 3, dated 6 November 2007, confirms the applicant's unit was awarded the Valorous Unit Award for the period 2 to 19 March 2002. 12. On 2 June 2012, the applicant requested a review by the Physical Disability Board of Review (PDBR) of the rating awarded accompanying his medical separation from the Armed Forces of the United States. 13. On 14 May 2013, the PDBR convened to review the applicant's case. In regard to his elbow injury, the Record of Proceedings shows he was medically separated for post-traumatic degenerative arthritis of the right elbow. The ROP also shows: * his condition existed prior to service (EPTS) * was permanently service aggravated during Operation Anaconda * he reported he had a healed right elbow injury during his childhood * he fell and struck his right elbow while in Afghanistan and developed increased pain and intermittent locking * he made no appeals and he was medically separated with a 10-percent disability rating 14. On 13 June 2013, the PDBR sent a memorandum to the Army Review Boards Agency recommending no re-characterization of separation or modification of the disability rating previously assigned. 15. On 20 June 2013, the Deputy Assistant Secretary of the Army (Review Boards) sent a letter to the applicant stating she had reviewed the PDBR recommendation and ROP, accepted the PDBR's recommendation, and denied his application. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record. (1) A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. (2) When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participation in direct combat operations is a necessary prerequisite, but is not sole justification for award. (3) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy placed mine or trap * injury caused by enemy released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy generated explosions (4) Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite or trench foot injuries * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * post-traumatic stress disorder * jump injuries not caused by enemy action b. The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. c. The arrowhead device will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned. The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate. The arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, the Armed Forces Expeditionary Medal, the Global War on Terrorism Expeditionary Medal the Iraq Campaign Medal, and the Afghanistan Campaign Medal. d. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal. e. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom. The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties; (2) is wounded or injured and requires medical evacuation from the area of eligibility; or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations. The Afghanistan Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. f. A bronze service star is authorized for wear with the Afghanistan Campaign Medal for participation in each credited campaign. Approved designated Afghanistan campaigns are: * Liberation of Afghanistan (11 September 2001-30 November 2001) * Consolidation I (1 December 2001-30 September 2006) * Consolidation II (1 October 2006-30 November 2009) * Consolidation III (1 December 2009-30 June 2011) * Transition I (1 July 2011-date to be determined) DISCUSSION: 1. The applicant's available records show he sustained a right elbow injury on 3 March 2002 in the line of duty during an operation in Afghanistan. His records also indicate he was separated from active duty due to physical disability. 2. His reassignment/separation orders state his "Disability is based on injury or disease received in LOD as a direct Result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law: Yes" and his "Disability resulted from a combat related injury as defined in 26 USC 104: Yes." 3. Although his injury and treatment is documented in his military records, his records are void of any documentation specifically detailing the facts surrounding his injury or stating his injury was sustained in action against an enemy or as a result of hostile action. 4. The evidence of record confirms the applicant's service in Afghanistan qualifies him for award of the Global War on Terrorism Expeditionary Medal and the Afghanistan Campaign Medal with one bronze service star. However, regulatory guidance precludes receipt of both awards for the same action, time period, or service. Neither of these awards is reflected on his DD Form 214. The current award authorized for service in Afghanistan is the Afghanistan Campaign Medal with bronze service star(s). 5. General orders awarded the applicant's unit in Afghanistan the Valorous Unit Award, credited his unit with participation in a helicopter assault landing, and established eligibility for wear of the arrowhead device on the Afghanistan Campaign Medal to denote participation in a helicopter assault landing. His DD Form 214 does not reflect this unit award or credits. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001177 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001177 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2