RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070012662 


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. David K. Haasenritter

Chairperson

Mr. James R. Hastie

Member

Mr. Edward E. Montgomery

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 correction of his military records to show award of the Purple Heart, Bronze Star Medal, Meritorious Service Medal, and the Army Good Conduct Medal.

2.  The applicant states that all of the other Soldiers in his unit received the Army Good Conduct Medal.  The other three squad leaders each received the Bronze Star Medal.  He further states that he was told he did not receive the Bronze Star Medal because he got hurt and left early.  Additionally, he states that the Purple Heart is for injuries he suffered in the line of duty in combat.

3.  The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), active duty and deployment orders with amendments, casualty report and initial medical treatment record, line of duty reports, physical and medical evaluation board reports and medical history, noncommissioned officer evaluation report, letters of support and sworn statements, award orders, and a letter to his congressman requesting assistance and investigation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant requests correction of his records to show award of the Bronze Star Medal and the Meritorious Service Medal.  There are no orders or other evidence authorizing these awards to the applicant.  In the absence of a proper award authority for these decorations, the applicant may request award of the them under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings. 

2.  On 3 January 2005, the applicant was ordered to active duty as a member of the Alabama Army National Guard, in the rank of staff sergeant, pay grade E-6, in support of Operation Iraqi Freedom.

3.  A 3rd Infantry Division Casualty Line Report, dated 26 June 2005, states that the applicant sustained lower back sprain as a result of an improvised explosive  device (IED) that struck his vehicle on 26 June 2005.  This incident occurred in Yusafiyah, Iraq.



4.  A Chronological Record of Medical Care, Company C, 108th Armor Aid Station, dated 26 June 2005, states that the applicant suffered pain his lower back, buttock, and lower left leg as a result of being thrown forward and backward in his vehicle when struck by an IED.  He was prescribed pain medicine.  

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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, and the medical treatment must have been made a matter of official record.

6.  Permanent Orders Number 294-080, 108th Armor Regiment, dated 
21 October 2005, awarded the applicant the Army Commendation Medal for exemplary service during Operation Iraqi Freedom III during the period from 
2 June to 2 September 2005.

7.  Permanent Orders Number 026-055, 167th Infantry Regiment, dated 
26 January 2006, awarded the applicant the Army Commendation Medal for outstanding service during Operation Iraqi Freedom III during the period from 
January 2005 to May 2006.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of active Federal military service.  Denial requires the commander’s disqualifying comments.  The second award is denoted by a bronze clasp with two loops.

9.   On 2 April 2007, the applicant was retired due to a temporary physical disability.   He had attained the rank of staff sergeant, pay grade E-6, and had completed 2 years and 3 months of creditable active duty during this period of service. 




10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, lists his awards as the National Defense Service Medal (four awards); Army Achievement Medal; Army Reserve Components Achievement Medal (four awards); Global War on Terrorism Service Medal; Iraq Campaign Medal; Noncommissioned Officer Professional Development Ribbon; Army Service Ribbon; Armed Forces Reserve Medal; Army Reserve Component Overseas Training Ribbon (two awards); Armed Forces Reserve Medal with "M" Device (two awards); Combat Infantryman Badge; Marksman Marksmanship Qualification Badge with Rifle Bar; Senior Parachutist Badge with Distinguishing Device, BSS; Parachutist Badge; and the Honduran Parachute Badge.  It does not list the Purple Heart, Army Commendation Medal, or Army Good Conduct Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant suffered injuries as a direct result of enemy action and that these injuries received medical treatment.  Therefore, his request for award of the Purple Heart should be granted.

2.  The evidence of record clearly shows that the applicant served a qualifying period of time for award of the Army Good Conduct Medal.  There is no evidence showing that his commander took any action to deny him this award. Therefore, he should be awarded the Army Good Conduct Medal.

3.  Permanent orders show that the applicant was awarded two Army Commendation Medals for his service in Iraq.  Therefore, his records should be corrected to show these awards.

BOARD VOTE:

__JRH___  __DKH__  __EEM__  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:

a.  awarding him the Purple Heart for wounds received on 26 June 2005;

b.  awarding him the Army Good Conduct Medal for the period from 
3 January 2005 to 2 April 2007; and

c.  showing, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Army Commendation Medal with Oak Leaf Cluster, and the Army Good Conduct Medal. 





__   David K. Haasenritter____
          CHAIRPERSON




INDEX

CASE ID
AR20070012662
SUFFIX

RECON
 
DATE BOARDED
20080125 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.