RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 March 2008
DOCKET NUMBER: AR20070018681
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. Shirley L. Powell
Chairperson
Ms. Yolanda Maldonado
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of his second Purple Heart.
2. The applicant states that his second Purple Heart was omitted from his
DD Form 214.
3. The applicant provides copies of his DD Form 214 and Purple Heart award orders.
CONSIDERATION OF EVIDENCE:
1. On 10 February 2003, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 91W (Health Care Specialist).
2. The applicant served in Iraq from 3 August 2004 to 31 July 2005.
3. Permanent Orders 080-015, Multi-National Corps Iraq, dated 21 March 2005, awarded the applicant the Purple Heart for wounds received as a result of enemy action on 19 October 2004.
4. On 23 December 2005, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He attained the rank of sergeant, pay grade E-5, and he completed 2 years,
10 months, and 14 days of creditable active duty service.
5. Permanent Orders 012-04, United States Human Resources Command, dated 12 January 2006, awarded the applicant the Purple Heart for wounds received as a result of enemy action on 6 June 2005.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows his awards as the National Defense Service Medal, Purple Heart, Iraq Campaign Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Combat Medical Badge, Driver and Mechanic Badge, Army Service Ribbon, and Overseas Service Ribbon (two awards). It does not show award of a second Purple Heart or the Army Good Conduct Medal.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the second and subsequent awards of the Purple Heart are denoted by an Oak Leaf Cluster.
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 commanders disqualifying comments.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show that the applicant was awarded two Purple Hearts for wounds he received as a result of enemy action in Iraq. Therefore, his records should be corrected to show the second award.
2. The applicants records clearly show that he distinguished himself in the performance of his military service. He attained the rank of sergeant in less than 3 years and earned a Combat Medical Badge. There is no evidence showing that the commander denied award of the Army Good Conduct Medal. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal.
BOARD VOTE:
_EM____ __YM____ __SLP__ 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 Army Good Conduct Medal for the period from
10 February 2003 to 23 December 2005; and
b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include an Oak Leaf Cluster to be affixed to his already awarded Purple Heart, and the Army Good Conduct Medal.
__ Shirley L. Powell_______
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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