IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090012065
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 Purple Heart be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that there is no mention of the Purple Heart award on his DD Form 214.
3. The applicant provides copies of a Purple Heart Certificate and his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show while serving as a member of the Army National Guard he was ordered to active duty in support of Operation Iraqi Freedom. He entered on active duty on 1 October 2005.
2. Physical Evaluation Board Proceedings, dated 21 March 2008, show he sustained brain disease due to trauma as a result of being exposed to two improvised explosive device blasts on 1 May 2007 in Iraq.
3. The applicant was honorably released from active duty (REFRAD) on 23 August 2008 by reason of permanent disability with severance pay. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Purple Heart.
4. Permanent Orders 255-01, dated 11 September 2008, were issued awarding the applicant the Purple Heart for wounds received on 1 May 2007.
5. There is no indication in the applicant's service records that he was awarded the Army Good Conduct Medal. There also is no evidence the applicant was disqualified for award of the Army Good Conduct Medal.
6. By message, dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command provided clarification on award of the Army Good Conduct Medal. It stated that Reserve Component (RC) Soldiers mobilized on active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal. The qualifying periods of service must be continuous enlisted active Federal service. The period of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal ends the first day the mobilized RC Soldier is serving on active duty. The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.
7. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Iraq Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should show award of the Purple Heart. The evidence of record shows the applicant was wounded as a result of hostile action on 1 May 2007 while serving in Iraq. Orders were issued after his REFRAD awarding him the Purple Heart. Therefore, it is concluded that he is entitled to have this award shown on his DD Form 214.
2. The evidence of record also shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214. He is therefore entitled to award of the Army Good Conduct Medal (First Award) for the period 1 October 2005 to 23 August 2008 and to have it added to his DD Form 214.
3. The evidence of record also confirms the applicant is entitled to award of one bronze service star to be affixed to his already-awarded Iraq Campaign Medal. This service star is not shown on his DD Form 214 and should be added at this time.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
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:
a. by awarding him the Army Good Conduct Medal for the period 1 October 2005 to 23 August 2008;
b. by showing the applicant was awarded or authorized the Purple Heart for wounds received in action on 1 May 2007, the Army Good Conduct Medal for the period 1 October 2005 to 23 August 2008, and one bronze service star to be affixed to his already-awarded Iraq Campaign Medal; and
c. by adding these awards to the list of awards shown on his DD Form 214 and providing him a corrected separation document that includes these awards.
____________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) AR20090012065
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090012065
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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