ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 April 2020 DOCKET NUMBER: AR20190013079 APPLICANT REQUESTS: the following records corrections: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Bronze Star Medal (BSM) with "V" Device * Purple Heart (PH) (1st oak leaf cluster) * Combat Infantryman Badge (CIB); and b. in effect, an upgrade of his character of service from under honorable conditions (general) to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * a self-authored statement FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The Board will not consider the portion of the applicant's request, which pertains to upgrading his general, under honorable conditions discharge to an honorable discharge. The applicant was discharged on 14 February 2007. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that Board's 15-year statute of limitations. 3. The applicant states, in effect: a. He was deployed to Sadr City, Iraq from 2004-2005, with Company A, 2nd Battalion, 5th Cavalry Regiment, 1st Brigade Combat Team, 1st Cavalry Division. Notable mentions are the Bronze Star Medal for heroism in combat awarded approximately September 2004, the Purple Heart awarded on 4 April 2004, for injuries sustained on "Black Sunday," the Purple Heart (1st oak leaf cluster) awarded approximately September 2004, and the CIB awarded approximately April 2004. He further states he does not have copies of any of the awards. b. Due to the nature of his separation he did not properly update his Enlisted Record Brief when he out processed. As the result of his separation from the military, he suffered from depression. He was struggling with post-traumatic stress disorder (PTSD) and alcoholism and was enrolled in the Army Drug and Alcohol Prevention and Control (ADAPC). At the time, his unit offered him no support and despite his combat experience, chose to discharge him instead of assisting in his recovery. c. His separation was the result of a truly miserable experience while assigned to his second duty station Company C, 1st Battalion, 21st Infantry Regiment, 25th Infantry Division. He had recently returned from a 14-month deployment with his previous unit and had experienced extreme combat conditions. d. He experienced a short bout of alcoholism upon arriving at Schofield Barracks, and while he had corrected the situation, it had been an issue for his command and they did all they could to prevent him from bouncing back. His original Uniform Code of Military Justice (UCMJ) action was due to being arrested for driving under the influence off post. He received an Article 15, lost rank and was assigned to extra duty. He had been serving at the time as an E-4/Corporal and team leader. The unit left him in the team leader position but prevented him from leading his team in any field exercises. He was assigned to extra duty but was also left in the rear detachment during field training exercises. He was working a 24 on 24 off staff duty schedule but he was still required to report for extra duty every night, even during his off period. Then upon his unit’s return from the field, he was held responsible for his team’s errors despite them being without their leader. e. Ultimately, despite his eagerness to serve and his commitment to returning to the status and level of respect he commanded at his previous unit, the command decided to separate him from service. 4. The applicant enlisted in the Regular Army (RA) on 14 May 2002. He completed training and he was awarded military occupational specialty 11B (Infantryman). 5. Evidence shows the applicant served in Iraq from 11 February 2004 to 9 March 2005. 6. His Official Military Personnel File (OMPF) contains Permanent Orders Number 105-02 issued by Headquarters, 1st Cavalry Division, dated 14 April 2004, awarded him the Purple Heart for wounds received as the result of enemy hostile actions on 4 April 2004. 7. The applicant was discharged from the Army on 14 February 2007. His DD Form 214 shows he was awarded or authorized: * Marksman Marksmanship Qualification Badge with Grenade Bar * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar 8. His OMPF does not contain orders or evidence awarding him the BSM with "V" Device, PH (1st oak leaf cluster), or CIB. 9. Army Regulation 600-8-22 (Military Awards) states: a. The PH 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. b. The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. There are basically three requirements for award of the CIB. 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. d. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the PH. e. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the BSM. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board found partial relief is warranted. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The Board considered the applicant's statement, his MOS, units of assignment, award of a PH, the absence of orders for the CIB or the BSM w/V device. The Board found insufficient evidence of an additional wounding or a recommendation or approval of an award of a BSM. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. Based on a preponderance of evidence, the Board determined that the evidence presented is sufficient for award of the Combat Infantryman Badge (CIB). 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the corrections be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 for the period ending 14 February 2007 by awarding him the Combat Infantryman Badge. 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 a second Purple Heart and the Bronze Star Medal with “V” Device. 12/11/2020 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the Purple Heart (1st Award) by Permanent Orders Number 105-02, which is not listed on his DD Form 214. * Correct the applicant's DD Form 214 to add the Purple Heart (1st Award) REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states: a. The PH 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. b. The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. There are basically three requirements for award of the CIB. 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. d. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the PH. e. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the BSM. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS//