IN THE CASE OF:	  

		BOARD DATE:	        19 AUGUST 2008

		DOCKET NUMBER:  AR20080009451 


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 that his award of the Purple Heart be included on his Certificate of Release or Discharge from Active Duty (DD Form 214).

2.  The applicant states, in effect, that he believes that his records have been misplaced. 

3.  The applicant provides in support of his application a Request Pertaining to Military Records (Standard Form 180) dated 3 June 2008.

CONSIDERATION OF EVIDENCE:

1.  On 21 October 2004, the applicant enlisted in the Regular Army in Jackson, Mississippi, for 6 years, in the pay grade of E-3.  He successfully completed his training as a special forces recruit.

2.  On 3 March 2005, Permanent Orders 62-3087 was published awarding the Parachutist Badge effective 11 March 2005 for successful completion of airborne training.

3.  The available records show that the applicant was receiving imminent danger pay for serving in Iraq from 1 October 2006 through 10 January 2007.




4.  On 6 February 2007, Permanent Orders 37-14 was published awarding the applicant the Purple Heart for wounds received as a result of hostile actions on 20 January 2007.  The Permanent Orders read that any previously issued order that may have been published announcing this award was superseded by this order.  Permanent Orders 37-14 was issued by the North Atlantic Regional Medical Command.

5.  However, on 9 March 2007, Permanent Orders Number 068-130 was published awarding the applicant the Purple Heart for wounds received as a result of hostile enemy action on 20 January 2007.  Permanent Orders Number 068-130 was issued by Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq.

6.  Permanent Orders Number 068-131 was published on 9 March 2007 awarding the applicant the Combat Infantryman Badge effective 20 January 2007, for participating in ground combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom.

7.  On 25 July 2007, Permanent Orders Number 206-114 was published awarding the applicant the Army Commendation Medal for the period 7 October 2006 through 1 December 2007, for meritorious service as a Soldier in Able Company, 3rd Battalion, 509th Parachute Infantry Regiment, while deployed in support of Operation Iraqi Freedom.

8.  On 27 February 2008, the applicant was retired under the provisions of Army Regulation 635-40, paragraph 4-24b(2), by reason of physical disability and he was placed on the Temporary Disability Retired List.  The DD Form 214 that he was furnished at the time of his retirement shows that he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.  However, the Purple Heart, the Combat Infantryman Badge, the Army Commendation Medal, and the Parachutist Badge were not included on his DD Form 214.

9.  Military Awards Branch Message, dated 8 April 2005, provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive 
days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility].  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart in Permanent Orders 37-14 dated 6 February 2007 and in Permanent Order Number 068-130 dated 9 March 2007 for the same date.  One order was issued by the North Atlantic Regional Medical Command and the other order was issued by Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq.

2.  Although an error was made when two separate orders were published awarding him the Purple Heart for the same date, it is clear that the applicant was awarded the Purple Heart and that it was erroneously omitted from his DD Form 214.  Therefore, it would be appropriate to void one of the orders awarding him the Purple Heart and to amend his DD Form 214 to include one award of the Purple Heart.

3.  He was also awarded the Combat Infantryman Badge, the Army Commendation Medal, and the Parachutist Badge which were omitted from his DD Form 214.  His DD Form 214 should also be amended to include these awards.

4.  Additionally, in accordance with the available records and the applicable regulation, the applicant is entitled to the award of the Iraq Campaign Medal. 

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding Permanent Orders Number 068-130 dated 9 March 2007, awarding him the Purple Heart; 

   b.  amending his DD Form 214 to show that he was awarded the Purple Heart, the Combat Infantryman Badge, the Army Commendation Medal, and the Parachutist Badge; and

	c.  awarding him the Iraq Campaign Medal and amending his DD Form 214 accordingly.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during Operation Iraqi Freedom Freedom.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        XXX                ___
                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)                                         AR20080009451



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009451



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1