BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090021729
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 his award of the Purple Heart and any unit awards he is authorized be added to his records.
2. The applicant states that his award of the Purple Heart is not reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) nor are any unit awards that may have been awarded after his discharge.
3. The applicant provides a copy of his DD Form 214 and copies of his Purple Heart orders and citation.
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 in the Regular Army on 5 January 2001 for a period of 4 years, training as a combat engineer, and a cash enlistment bonus. He completed his one-station unit training at Fort Leonard Wood, Missouri, and was transferred to Fort Hood, Texas, for assignment to the 91st Engineer Battalion.
3. He was advanced to the pay grade of E-4 on 1 November 2002 and on 21 May 2003 he reenlisted for a period of 2 years.
4. He deployed to Iraq with his unit on 12 January 2004. On 29 April 2004, he was wounded in action and was awarded the Purple Heart on 6 May 2004.
5. He served in Iraq until 29 January 2005 when he was returned to Fort Hood.
6. On 2 June 2005, he was honorably released from active duty due to the expiration of his term of service. He had served 4 years, 4 months, and 28 days of total active service. His DD Form 214 issued at the time of his separation shows that he was awarded the Army Commendation Medal, the Army Achievement Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Good Conduct Medal, the National Defense Service Medal, and the Army Service RibbonMedal.
7. There is no evidence to show the applicant's unit was awarded a unit award during the period of deployment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to reflect his award of the Purple Heart has been noted and found to have merit. The applicant was awarded the Purple Heart for wounds received as a result of enemy action on 29 April 2004. Accordingly, it should be added to his DD Form 214 at this time.
2. The applicant's contention that unit awards should be added to his records has also been noted; however, the applicant has failed to show through the evidence submitted with his application and the evidence of record that his unit received any unit awards while he served with the unit in Iraq. Therefore, in the absence of such evidence, there appears to be no basis to grant that portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding his award of the Purple Heart to his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding unit awards to his records.
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20090021729
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ABCMR Record of Proceedings (cont) AR20090021729
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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