DOCKET NUMBER: AR20090000975
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 the DA Form 4187 (Personnel Action), dated
5 September 2005, which denies a recommendation for the applicant to receive the Purple Heart be removed from his official military personnel file (OMPF).
2. The applicant states he was wounded in Iraq on 2 April 2005. He states the recommendation for his award of the Purple Heart was disapproved because it did not include the Casualty Report. He states that in the Army Board for Correction of Military Records (ABCMR) Docket AR20060002433, dated 21 September 2006, he was awarded the Purple Heart. He states that based on the ABCMR decision, the DA Form 4187, dated 5 September 2005, should be removed from his OMPF.
3. The applicant provides no additional evidence or official documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicantÂ’s record shows that while serving as a member of the United States Army Reserve (USAR), he was ordered to active duty in support of Operation Iraqi Freedom on 25 October 2004. At the time, his specialty was
72E (Sanitary Engineer) and he held the rank of major (0-4). He continues to serve in the USAR.
2. The applicant's record shows he served in Iraq, in support of Operation Iraqi Freedom, from 28 December 2004 through 1 December 2005. He was awarded the Combat Action Badge in Multi-National Corps, Iraq, Permanent Order Number 307-039, dated 3 November 2005, for engaging or being engaged by the enemy on 2 April 2005.
3. The applicant's Performance File of his OMPF contains a DA Form 4187, dated 5 September 2005, wherein his commander recommended him for the Purple Heart based on injuries received on 2 April 2005. The applicant's intermediate commanders recommended disapproval of the award of the Purple Heart. Colonel B____n recommended disapproval and noted "Sir, please see my memo attached." However, the memo is not included in the applicant's OMPF.
4. On 4 February 2006, the applicant submitted an application to the ABCMR for the award of the Purple Heart. In his application, the applicant stated that when his commander submitted the request for the Purple Heart in Iraq it did not include the official casualty report or any eyewitness statements. Eyewitness statements and the official casualty report were included with the applicant's application to the ABCMR.
5. In ABCMR Docket Number AR20060002433, dated 21 September 2006, the Board determined the applicant had met the burden of proof necessary to support the award of the Purple Heart and appropriately awarded the applicant the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. It is clear the ABCMR had additional evidence to review that was not available to the applicant's chain of command. Therefore, the ABCMR's determination to award the applicant the Purple Heart does not indicate that an error or injustice was made by his chain of command in Iraq. The proper documents to support the recommendation simply were not included at the time.
2. In view of the fact the ABCMR subsequently awarded the applicant the Purple Heart based on the same event, it would be appropriate to remove the
DA Form 4187, dated 5 September 2005, from applicant's OMPF.
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 removing the applicantÂ’s DA Form 4187, dated 5 September 2005, from his OMPF.
___________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.
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