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ARMY | BCMR | CY2009 | 20090020164
Original file (20090020164.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020164


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) by adding the Purple Heart, Army Commendation Medal, and Army Achievement Medal.

2.  The applicant states he has been awarded the above medals.

3.  The applicant provides:

* DD Form 214
* MEMORANDUM FOR Orders Issuing Authority, Combined Joint Task Force (CJTF) Phoenix J1, Camp Phoenix, Kabul, Afghanistan, dated      18 August 2009, approving award of the Purple Heart
* DA Form 638 (Recommendation for Award), Permanent Order #4-1, Headquarters and Headquarters Troop, 2nd Squadron, 106th Cavalry, dated 8 July 2008, awarding the Army Achievement Medal
* DA Form 4980-14 (Army Commendation Medal Certificate), Permanent Order #120-010, Afghan Regional Security Integration Command-West (ARSIC-W), Herat, Afghanistan, awarding the Army Commendation Medal for the period 22 December 2008 to 31 July 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant is a member of the Illinois Army National Guard (ILARNG).  He served on active duty from 29 September 2008 through 13 October 2009, during which time he served in Afghanistan from 3 December 2008 to 19 September 2009.

2.  The applicant provides orders awarding him the Army Commendation Medal and the Army Achievement Medal.

3.  The applicant provides a memorandum signed by the Commanding General, CJTF Phoenix, approving his award of the Purple Heart on 18 August 2009.  The actual order is not in the record; however, the Casualty and Mortuary Branch, U.S. Army Human Resources Command (HRC), Alexandria, VA, has a casualty status report for the applicant confirming his wounding in Afghanistan on            18 August 2009.  It states he received a shrapnel wound to his left thigh which was treated by unit medics who decided to leave the shrapnel in place and evacuate the applicant to the Forward Operating Base for treatment.

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests three awards be added to his DD Form 214.

2.  The evidence of record shows the applicant was awarded the Army Commendation Medal and the Army Achievement Medal by permanent orders.  These awards are not on his DD Form 214 and should be added.

3.  The evidence of record also verifies the applicant was wounded in action in Afghanistan on 18 August 2009 and approved for award of the Purple Heart.  The Purple Heart should be awarded and added to his DD Form 214.

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:

* Awarding him the Purple Heart for wounds received on 18 August 2009
* Correcting his DD Form 214 to add the Purple Heart, the Army Commendation Medal, and the Army Achievement Medal




      __________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)                                         AR20090020164





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ABCMR Record of Proceedings (cont)                                         AR20090020164



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