BOARD DATE:	  February 23, 2010

		DOCKET NUMBER:  AR20090014605 


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 the documents that awarded him the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for being wounded in action in Iraq on 19 August 2004; however, his first name and Social Security Number (SSN) are incorrect as they appear on the documentation.

3.  The applicant provides, in support of his application, copies of his SSN card, casualty reports, award documents, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted and entered active duty in the Regular Army on
20 January 1999.  Upon completion of training, he was awarded military occupational specialty 11B (Infantryman).  The applicant was promoted to specialist/E-4 on 1 December 2000.

3.  The applicant's Enlisted Record Brief, dated 4 March 2005, shows in:

	a.  the block for Name the entry "S___________, C____E F;"

   b.  the block for SSN" the entry "X90-XX-XX59;" and

   c.  Section VIII (Awards and Decorations) the Purple Heart, Army Commendation Medal (3rd Award), Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Armed Forces Reserve Medal, Army Service Ribbon, North Atlantic Treaty Organization (NATO) Medal, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal.

4.  The applicant's DD Form 214 shows he entered active duty on 20 January 1999 and was honorably retired based on disability (temporary) on 19 April 2005. At the time he had completed 6 years and 3 months of net active service and
11 months and 3 days of foreign service.  This document also shows in:

	a.  item 1 (Name) the entry "S___________, C____E F;"

   b.  item 4 (SSN) the entry "X90-XX-XX59;"

   c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Purple Heart, Army Commendation Medal
(3rd Award), Army Achievement Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Good Conduct Medal, National Defense Service Medal, Armed Forces Reserve Medal, Army Service Ribbon, NATO Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and Combat Infantryman Badge; and

   d.  item 18 (Remarks), in pertinent part, that the applicant served in Iraq from 18 March to 5 September 2004.

5.  The applicant provides the following documents in support of his request.

	a.  An SSN card that shows his name as "C____E F________ S__________" and his SSN as "X90-XX-XX59."

	b.  A DA Form 1155 (Witness Statement on Individual), dated 1 September 2004, that shows the applicant's name as "S___________, C____E" and his Service Number/SSN as "X09-XX-XX59" with a "pen and ink" change to the second and third numerals of his Service Number to show "X90."

	c.  A DA Form 1156 (Casualty Feeder Report), dated 1 September 2004, that shows the applicant's name as "S___________, C____E."  His Service Number is blank.

	d.  A DA Form 4187 (Personnel Action), dated 7 September 2004, that shows in Section I (Personal - Identification), item 4 (Name), item 6 (SSN), and in Section IV (Remarks) the applicant’s name as "S___________, C____E" and his SSN as "X90-XX-XX58" with a "pen and ink" change to the last digit of his SSN to show the numeral "9."

	e.  Headquarters, 1st Cavalry Division, Baghdad, Iraq, Permanent Orders Number 251-63, dated 7 September 2004, awarded the applicant the Purple Heart for wounds received as a result of hostile action on 19 August 2004.  The applicant's name is shown as "S___________, C___K" and his SSN as
"X90-XX-XX58."

	f.  A DA Form 4980-10 (Purple Heart Certificate), dated 7 September 2004, that awarded the applicant the Purple Heart for wounds received in action.  This document shows the applicant's name as "SPECIALIST C___K S___________."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, the documents that awarded him the Purple Heart should be corrected or reissued to show his correct name and SSN.

2.  Records show the applicant was awarded the Purple Heart for being wounded in action in Iraq on 19 August 2004.

3.  Records also show the documents pertaining to the applicant's award of the Purple Heart contain errors relating to his first name and SSN and "pen and ink" changes were made on the documents [presumably by the applicant].

   a.  The DA Form 1155, dated 1 September 2004, contains errors and was corrected with "pen and ink" changes to show the applicant's name as "S___________, C____E" and his Service Number as "X90-XX-XXXX, which corrects the document.  The SSN should also be corrected on the document to show "X90-XX-XXX."
   
   b.  The DA Form 1156, dated 1 September 2004, contains an error and was corrected with a "pen and ink" change to show the applicant's name as "S___________, C____E", which corrects the document.  His SSN should also be entered in the Service Number block as "X90-XX-XX59."
  
   c.  The DA Form 4187, dated 7 September 2004, contains errors and was corrected with "pen and ink" changes to show his name as "S___________, C____E" and his SSN as "XXX-XX-XX59", which corrects the document.

	d.  Headquarters, 1st Cavalry Division, Baghdad, Iraq, Permanent Orders Number 251-63, dated 7 September 2004, incorrectly show the applicant's name as "S___________, C___K" and his SSN as "XXX-XX-XX58."  Therefore, the orders should be amended to show the applicant's correct name and SSN.

   e.  The Purple Heart Certificate, dated 7 September 2004, incorrectly shows the applicant's name as "SPECIALIST C___K S___________."  Therefore, a new DA Form 4980-10 should be issued to show the applicant's correct name.

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.  issuing an appropriate document affirming the "pen and ink" changes on the DA Form 1155, DA Form 1156, and DA Form 4187, along with the noted corrections;
	b.  amending Headquarters, 1st Cavalry Division, Baghdad, Iraq, Permanent Orders Number 251-63, dated 7 September 2004, to show the applicant's correct name and SSN; and



   c.  issuing the applicant a new DA Form 4980-10 showing his correct name.



      _______ _   __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)                                         AR20090014605



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ABCMR Record of Proceedings (cont)                                         AR20090014605



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