RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2008
DOCKET NUMBER: AR20070013414
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:
Ms. Margaret K. Patterson
Chairperson
Ms. Sherri V. Ward
Member
Mr. Jeffrey C. Redmann
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show all of his awards including award of the Purple Heart.
2. The applicant states that he was wounded in the left leg while serving in Somalia in 1993. He further states he was told that he would receive the Purple Heart because his wound was combat related.
3. The applicant provides copies of his Enlisted Record Brief (ERB), assignment orders to Somalia, and his orders and certificate for award of the Army Achievement Medal for his service in Somalia.
CONSIDERATION OF EVIDENCE:
1. On 28 January 1991, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 92S3O (Laundry and Bath Specialist).
2. The applicants ERB shows that he served three tours of duty in the Republic of Korea and a tour of duty in Iraq.
3. Permanent Orders Number 22-85, Medical Task force 46, dated 8 January 1994, awarded the applicant a first Oak Leaf Cluster to be affixed to his Army Achievement Medal for meritorious service as a laundry and bath technician during the period from 28 October 1993 to 10 January 1994, in Mogadishu, Somalia. The recommendation and citation state that the applicant took initiative to work with the quartermaster laundry to receive, ship, and process linen for the task force. His performance of duty was exceptional in assisting in several mass casualty events. There is no mention in either of these documents of any wounds sustained by the applicant.
4. On 18 September 2006, the applicant was discharged due to physical disability. He had attained the rank of staff sergeant, pay grade E-6, and had completed 15 years, 7 months, and 21 days of creditable active service.
5. Item 13 (Awards, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 lists the Army Commendation Medal (3 awards), Army Achievement Medal (three awards), Army Good Conduct Medal (four awards), National Defense Service Medal, Armed Forces Expeditionary Medal, Southwest Asia Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal (three awards), Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (three awards), United Nations Medal, Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait). It does not show the Purple Heart.
6. The applicants medical records are not available for review.
7. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
1. There are no available records or general orders that show the applicant was awarded the Purple Heart. There are no available medical records showing that he was wounded as a result of enemy action. Therefore, the applicant's request for award of the Purple Heart should not be granted.
2. Records show that the applicant served during two qualifying periods for award of the National Defense Service Medal. Therefore, he is entitled to wear a bronze service star on his National Defense Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_ MKP___ __SVW__ _JCR _ 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 that, in addition to the awards shown on his DD Form 214, his authorized awards include a bronze service star to be affixed to his already awarded National Defense Service Medal.
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 award of the Purple Heart.
__ Margaret K. Patterson ___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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