RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 December 2007
	DOCKET NUMBER:  AR20070009895 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. William Powers

Chairperson

Mr. Michael Flynn

Member

Ms. Sherry Stone

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction to his records to show the Iraq Campaign Medal, Army Commendation Medal with "V" Device, Army Good Conduct Medal (2nd Award), and the Purple Heart.

2.  The applicant states in effect, he was awarded the Iraq Service Medal [sic] (should be Iraq Campaign Medal), Army Commendation Medal with "V" Device, and the Army Good Conduct Medal (2nd Award).  Also, he was injured in Iraq but never received the Purple Heart.  He states the awards were never added to his records because his chain of command never turned in the proper documentation to the Personnel Service Battalion.  He further states that the only award that was documented was the Combat Action Badge.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with separation orders and a Preseparation Counseling checklist.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he entered active duty on 29 December 1998.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 19K (Armor Crewman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) St. Louis, Missouri on 8 May 2006.  He had completed 7 years, 4 months, and 10 days of active service.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal with "V" Device (2nd Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal, National Defense Service Medal with bronze star, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Iraq Campaign Medal, USA Recruiter Badge (Basic), Marksman Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button.  However, it does not show the Purple Heart, Combat Action Badge, and Army Good Conduct Medal (2nd Award).

3.  Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "Service in Iraq 20050112 – 20060112//Service in Kuwait 19990301 – 19990901."

4.  Headquarters, Multi-National Corps Iraq Permanent orders 042-090 dated  
11 February 2006 shows that the applicant was awarded the Combat Action Badge.

5. There are no general orders in the available records which show the applicant was awarded the Purple Heart.

6.  There are no medical records in the applicant's official military personnel file to show he sustained wounds as a result of hostile action or to show he was treated for wounds sustained as a result of hostile action.

7.  A review of the Iraq Casualty Files does not show the applicant's name listed among those wounded.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

9.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  Army Regulation 600-8-22 states, in pertinent part, that a clasp is authorized for wear on the Army Good Conduct Medal to denote the second and succeeding awards of the Army Good Conduct Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Iraq Campaign Medal, Army Commendation Medal with "V" Device, Army Good Conduct Medal (2nd Award), and the Purple Heart.

2.  The evidence shows that the applicant was awarded the Iraq Campaign Medal and Army Commendation Medal with "V" Device (2nd Award).  Therefore, there is no need to correct his records to show these awards.
3.  There is no evidence in the applicant's military service records which show he was wounded or injured as a result of hostile action.  Also, there are no General Orders in his military records awarding him the Purple Heart and his name does not appear on the Iraq Casualty Files.  Therefore, he is not entitled to correction of his records to show the Purple Heart.

4.  Orders show that the applicant was awarded the Combat Action Badge.  Therefore, he is entitled to correction of his records to show this award.

5.  The evidence shows that the applicant was awarded the first award of the Army Good Conduct Medal.  It is reasonable to presume that the first award Army Good Conduct Medal was for the period 29 December 1998 to  
28 December 2001 based on completion of a period of qualifying service of  
3 years.  The applicant would have been eligible for the Army Good Conduct Medal (2nd Award) for the period 29 December 2001 to 28 December 2004.  His records do not contain any adverse or disqualifying information throughout his service ending with the termination of a period of Federal military service on  
8 May 2006.  Therefore he is entitled to correction of his records to show the Army Good Conduct Medal (2nd Award) for the period 29 December 2001 to  
28 December 2004.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__WP___  ___MF __  ___SS __  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 showing the awards of the Combat Action Badge and Army Good Conduct Medal (2nd Award) for the period 29 December 2001 to 28 December 2004.

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 the Purple Heart. 




_____William Powers________
          CHAIRPERSON




INDEX

CASE ID
AR20070009895
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071211
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.