IN THE CASE OF:
BOARD DATE: 1 July 2008
DOCKET NUMBER: AR20080001118
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 service records to show award of the Purple Heart, two awards of the Army Achievement Medal [correctly referred to as the Army Achievement Medal with First Oak Leaf Cluster], and the Combat Action Badge.
2. The applicant states, in effect, that he was awarded the above awards but they were not added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides copies of two DA Forms 638 (Recommendation for Award) and two Permanent Orders in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he enlisted in the Regular Army on 28 May 2003 and served in military occupational specialty (MOS) 14R (Bradley Linebacker Crewmember). The applicant's DD Form 214 shows that on 4 September 2007, he was honorably released from active duty due to a permanent disability and transferred to the United States Army Reserve Control Group. The applicant's record shows that he completed 4 years, 3 months, and 7 days of total active service. The highest rank he attained while serving on active duty was specialist/pay grade E-4. The applicant's record also shows he served in Iraq during the period 4 January 2005 through 6 January 2006.
2. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Purple Heart, the Army Achievement Medal, the Army Achievement Medal with First Oak Leaf Cluster or the Combat Action Badge.
3. The applicant provided Headquarters, 3rd Infantry Division, Fort Stewart, Georgia Permanent Orders Number 083-08, dated 24 March 2006 which awarded the applicant the Purple Heart for wounds received as a result of hostile enemy action on 15 December 2005.
4. The applicant provided a DA Form 638, dated 5 March 2004, which shows the applicant's company commander recommended him for award of the Army Achievement Medal for meritorious performance for scoring 337 on the Army Physical Fitness Test during the period 27 February 2004 through 27 February 2004. The form shows that on 8 March 2004 Permanent Orders Number
63-03 awarded the applicant the Army Achievement Medal.
5. The applicant provided a DA Form 638, dated 28 June 2004, which shows he was recommended for award of the Army Achievement Medal for meritorious achievement during the National Training Center Rotation 04-07 while serving as a Bradley Dismount during the period 17 May 2004 through 28 June 2004. However, the Form shows that the recommendation was not signed by the Orders approval authority and a Permanent Orders Number and date were not issued.
6. Permanent Orders Number 349-004, dated 15 December 2005 awarded the applicant the Combat Action Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his record should be corrected to show award of the Purple Heart, the Army Achievement Medal with First Oak Leaf Cluster, and the Combat Action Badge for his participation in Iraq.
2. Orders show that the applicant was authorized award of the Purple Heart Medal. Therefore, the applicant is entitled to correction of his records to show this award.
3. Orders show that the applicant was authorized award of the Army Achievement Medal for meritorious service during the period 27 February 2004 through 27 February 2004. Therefore, the applicant is entitled correction of his records to show this award.
4. Evidence of record shows that the applicant was recommended for a second award of the Army Achievement Medal for meritorious service during the period 17 May 2004 through 28 June 2004. However, there is no evidence that the recommendation was approved by the appropriate approval authority. Therefore, he is not entitled to correction of his records to show award of the Army Achievement Medal with First Oak Leaf Cluster.
5. Orders show that the applicant was authorized award of the Combat Action Badge. Therefore, the applicant is entitled correction of his records to show this badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ __X_____ 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 adding award of the Purple Heart, the Army Achievement Medal, and the Combat Action Badge.
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 Army Achievement Medal with First Oak Leaf Cluster.
_ ___X____ ___
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) AR20080001118
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