IN THE CASE OF:	  

		BOARD DATE:	        7 August 2009

		DOCKET NUMBER:  AR20080018551 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart and the Army Commendation Medal with “V” Device.

2.  The applicant states that he sustained an improvised explosive device (IED) injury on 9 June 2006 in Iraq.  He was immediately evacuated to a hospital in Baghdad where he underwent surgery and was presented with the Purple Heart by his battalion commander and battalion command sergeant major while awaiting evacuation for subsequent surgery.  He adds that he spent the next three years attempting to obtain the paperwork for his Purple Heart with no success.  He also adds that upon discharge, he was awarded the Army Commendation Medal with “V” Device, but was unable to add it to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 7 August 2007; a copy of a certificate and a DA Form 638 (Recommendation for Award), dated
24 October 2006, showing award of the Army Commendation Medal with “V” Device; and a copy of a DA Form 3947 (Medical Evaluation Board Proceedings), dated 16 April 2007, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 4 years on 7 April 1998.  He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 11B (Infantryman).  He also executed a 6-year reenlistment on 5 June 2001 and a
5-year reenlistment on 8 September 2004.

2.  The applicant’s records also show he served in Iraq from 29 November 2005 to 12 June 2006.  He was assigned to A Company, 1st Battalion, 68th Armor,
4th Infantry Division.

3.  On 16 April 2007, the applicant underwent a medical evaluation board (MEBD) for chronic right thigh, hip and knee pain, status post-comminuted right mid-shaft femoral fracture with intramedullary fixation from a combat-related IED injury in Iraq on 9 June 2006.  The MEBD recommended the applicant’s referral to a physical evaluation board (PEB).

4.  The applicant was honorably discharged on 7 August 2007 by reason of disability with severance pay.  The DD Form 214 he was issued shows he completed 9 years, 4 months, and 1 day of active military service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Bronze Star Medal, Army Commendation Medal (3rd award), Army Achievement Medal (9th award), Army Good Conduct Medal (2nd award), National Defense Service Medal, "Korean Service Medal," Global War on Terrorism Service Medal, Korean Defense Service Medal, Iraq Campaign Medal, Noncommissioned Officer Professional Development Ribbon (2nd award), Army Service Ribbon, Overseas Service Ribbon (2nd award) NATO Medal, Combat Infantryman Badge, Expert Infantryman Badge, Driver and Mechanic Badge with Mechanic Bar, and the Air Assault Badge.  However, item 13 does not show award of the Purple Heart or the Army Commendation Medal with “V” Device.

6.  An email, dated 26 March 2009, from the Deputy Chief, Army Casualty and Mortuary Affairs, Human Resources Command, Alexandria, VA, confirmed that the applicant was a driver of a High-Mobility Multipurpose Wheeled Vehicle (HMMWV) in Diala Region, Iraq, on 9 June 2006 when his vehicle encountered an IED.  He sustained a fracture to the right femur and bilateral shrapnel wounds to his lower extremities.

7.  The applicant's records do not contain orders awarding him the Purple Heart.

8.  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 by medical personnel, and the medical treatment must have been made a matter of official record.

9.  Headquarters, 3rd Brigade, 4th Infantry Division, Permanent Orders Number 297-06, dated 24 October 2006, show the applicant was awarded the Army Commendation Medal with “V” Device for meritorious service during Operation Iraqi Freedom on 11 May 2006.

10.  A review of the applicant's records indicates his entitlements to additional awards which are not shown on his DD Form 214.

11.  The applicant's records show he was awarded the Iraq Campaign Medal.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the Iraqi Governance (29 June 2004 to 15 December 2005) and the National Resolution (16 December 2006 to a date to be determined) campaigns during his tour of duty in Iraq.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal with “V” Device which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of records shows that the applicant was wounded in combat as a result of hostile action on 9 June 2006; however, his record is void of any orders awarding him the Purple Heart.  Therefore, the applicant is entitled to the issuance of orders awarding him the Purple Heart and correction of his records to show this award.

3.  The evidence of record also shows that the applicant was awarded the Iraq Campaign Medal.  Additionally, he participated in two campaigns while serving in Iraq; therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Iraq Campaign Medal.





BOARD VOTE:

___X____  ___X____  ___X____  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.  deleting from item 13 of the applicant's DD Form 214 the Army Commendation Medal (3rd award) and the Iraq Campaign Medal;

	b.  awarding the applicant the Purple Heart for wounds received as a result of hostile action on 9 June 2006; and

	c.  adding to item 13 of his DD Form 214 the Purple Heart, Army Commendation Medal (4th award) and with "V" Device, and the Iraq Campaign Medal with two bronze service stars.


															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)                                         AR20080018551



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ABCMR Record of Proceedings (cont)                                         AR20080018551



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