IN THE CASE OF:
BOARD DATE: 29 April 2010
DOCKET NUMBER: AR20090018433
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) for the period ending 5 September 2007 to show a second award of the Army Commendation Medal (ARCOM) and the Purple Heart (PH).
2. The applicant states that these items were not available at time of his
out-processing to be included on his DD Form 214.
3. The applicant provides the following documents in support of his application:
* DD Form 214 for the period ending 5 September 2007
* Two DA Forms 638 (Recommendation for Award)
* Permanent Order 201-027, dated 20 July 2007
* DA Form 4187 (Personnel Action)
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the Kansas Army National Guard (KSARNG) in the rank/grade of specialist (SPC)/E-4.
2. The applicant enlisted in the KSARNG on 30 April 1982.
3. The applicant was ordered to active duty on 6 July 2006 in support of Operation Iraqi Freedom (OIF). Item 18 (Remarks) of his DD Form 214 shows
the entry "Service in Iraq 20060902-20070822)." He was subsequently released from active duty on 5 September 2007 and transferred back to the KSARNG.
4. The applicant provided two DA Forms 638 which show he was awarded the following awards:
* ARCOM for outstanding service from 4 September 2006 to 17 August 2007 by Permanent Order Number 185-035, dated 6 July 2007, issued by Headquarters, 3rd Sustainment Brigade, Q-West Base Complex, Iraq
* ARCOM for meritorious achievement from 9 May 2007 to 10 May 2007 by Permanent Order Number 229-474, dated 19 August 2007, issued by the same headquarters
5. Permanent Order 201-027, dated 20 July 2007, issued by the 13th Sustainment Command (Expeditionary), LSA [Logistics Support Area] Anaconda, Iraq, shows the applicant was awarded the PH for wounds received as a result of hostile action on 13 May 2007.
6. His DD Form 214 for the period ending 5 September 2007 shows, in part, one award of the ARCOM and the Iraq Campaign Medal (ICM). This DD Form 214 does not show entitlement to the PH.
7. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.
8. The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. Army Human Resources Command Military Personnel (MILPER) Message Number 10-078, issued on 16 March 2010, provides the guidance and criteria, applicability and standards on awarding and wear of campaign (service) stars on the ICM. It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase. Approved designated ICM campaign phases and inclusive periods are listed below:
* Liberation of Iraq/19 March 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 June 2004
* Iraq Governance/29 June 2004 - 15 December 2005
* National Resolution/16 December 2005 - 9 January 2007
* Iraqi Surge/10 Jan 2007 - 31 Dec 2008
* Iraqi Sovereignty/1 January 2009 - Date to be determined
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Army Commendation Medal on 6 July 2007 and a second award of the Army Commendation Medal on 19 August 2007. His DD Form 214 for the period ending 5 September 2007 only shows one award of the ARCOM. Therefore, it would appropriate to amend his 5 September 2007 DD Form 214 to show the Army Commendation Medal (1st oak leaf cluster).
2. Permanent Orders published in July 2007 show the applicant was awarded the Purple Heart for wounds received as a result of hostile action on 13 May 2007. Therefore, this award should be added to his 5 September 2007 DD Form 214.
3. The applicants 5 September 2007 DD Form 214 reflects the ICM; however, he participated in the National Resolution and the Iraqi Surge campaign phases. Therefore, his 5 September 2007 DD Form 214 should be amended to reflect two bronze service stars for wear on 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 the Department of the Army records of the individual concerned be corrected by:
a. deleting from item 13 of his DD Form 214 for the period ending
5 September 2007 the Army Commendation Medal and the Iraq Campaign Medal; and
b. adding to item 13 of his DD Form 214 for the period ending 5 September 2007 the following awards:
* Purple Heart for wounds received on 13 May 2007
* Army Commendation Medal (1st oak leaf cluster)
* Iraq Campaign Medal with two bronze service stars
___________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) AR20090018433
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ABCMR Record of Proceedings (cont) AR20090018433
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