IN THE CASE OF:	  

		BOARD DATE:	      31 MARCH 2009

		DOCKET NUMBER:  AR20080019136 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Purple Heart and the Army Commendation Medal (ARCOM).

2.  The applicant states that he was awarded the Purple Heart and the ARCOM; however, these awards are not reflected on his DD Form 214.

3.  The applicant provides a copy of his 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 requested correction of his records to show award of the ARCOM.  There are no orders or other evidence on file in his Official Military Personnel File (OMPF) that contains awards of this personal decoration.  In the absence of authority for this award, he may request award of the ARCOM under the provisions of Title 10, U.S. Code, section 1130.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Title 10, U.S. Code, section 1130.  As a result, the request for award of the ARCOM will not be discussed further in the Record of Proceedings.

3.  The applicant’s record shows he enlisted in the Regular Army on 21 March 2002.  He was retired from active duty for on 30 November 2004 by reason of temporary disability.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

5.  U.S. Army Human Resources Command (HRC), Alexandria, VA, Permanent Orders 349-5 and Purple Heart certificate, both dated 15 December 2003, verify that the applicant was awarded the Purple Heart for wounds received as a result of hostile actions on 11 November 2003.

DISCUSSION AND CONCLUSIONS:

HRC Permanent Orders 349-5 and certificate, dated 15 December 2003, verify that the applicant is entitled to correction of his records to show the award of the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

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 adding to item 13 of his DD Form 214 the Purple Heart for wounds received as a result of hostile actions on 11 November 2003.



      __________XXX_____________
       	   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)                                         AR20080019136



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019136



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1