IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100013648 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Purple Heart, the Meritorious Service Medal, and the Army Commendation Medal, and to change his rank and pay grade to master sergeant (MSG) (pay grade E-8).

2.  The applicant states his DD Form 214 does not show either the aforementioned awards or his correct rank and pay grade when he separated from active duty.

3.  The applicant provides the following documentary evidence in support of his application:

	a.  Orders 338-1007 issued by the State of Texas, Army National Guard (TXARNG) on 3 December 2008;

	b.  Memorandum from Department of the Army, Great Plains Regional Medical Command at Fort Sam Houston, dated 5 August 2009;

	c.  Purple Heart certificate for wounds received in action on 6 May 2005;

	d.  Permanent Order 190-01 issued by Headquarters and Headquarters Company (HHC), Mobilization and Demobilization Brigade, Fort Bliss, TX on 30 June 2008; and

	e.  Orders 212-06, undated, issued by Headquarters, 72nd Brigade Combat Team (TXARNG).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the TXARNG on 11 August 1988 for an 8-year period of service.  He was ordered to active duty for training on 17 August 1988 to attend his initial entry training.  He completed this training and was awarded military occupational specialty 13B (Cannon Crewman).  He was released from active duty on 1 December 1988 and returned to the TXARNG.

2.  He served continuously in the TXARNG and was mobilized on 15 August 2004 in support of Operation Iraqi Freedom.  He was honorably released from active duty on 27 January 2006.  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the following entries:

* Bronze Star Medal
* Army Commendation Medal with Valor Device
* Army Achievement Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with Mobilization Device
* Combat Action Badge
* Global War on Terrorism Service Medal
* Iraq Campaign Medal

4.  On 4 June 2007, he was mobilized for a second period in support of Operation Iraqi Freedom. 

5.  On 3 December 2008, the TXARNG published promotion Orders 338-1007 promoting the applicant to the rank of MSG (pay grade E-8) with an effective date of rank of 21 August 2008.

6.  After a physical evaluation board found him unfit for duty, he was honorably retired and placed on the temporary disability list on 9 December 2008.  He was issued a DD Form 214 this date that shows he served on active duty for 1 year, 6 months, and 6 days during this period and that he had 16 years, 6 months, and 17 days of total prior inactive service.  This DD Form 214 shows the following pertinent entries:
	a.  item 4a (Grade, Rate or Rank) SFC (sergeant first class)

	b.  item 4b (Pay Grade) E07;

	c.  item 12h (Effective Date of Pay Grade) 2001 (Year) 08 (Month) 05 (Day) or 5 August 2001; and 

	d.  item 13:

* Bronze Star Medal
* Army Commendation Medal with Valor Device
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award) 
* National Defense Service Medal with Bronze Star
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with Mobilization Device
* Combat Action Badge
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star

7.  In support of his application, the applicant provided a memorandum, dated 5 August 2009, from the commanding general of the Great Plains Regional Medical Command headquartered at Fort Sam Houston, TX who approved the applicant's award of the Purple Heart for wounds he incurred on 6 May 2005.  A copy of a Purple Heart award certificate was also provided with the commanding general's signature affixed to it and dated 22 July 2009.  There are no permanent award order numbers recorded on the award certificate or approval memorandum.  

8.  A search of his service records maintained in the interactive Personnel Electronic Records Management System (iPERMS) shows no permanent order awarding him the Purple Heart.

9.  He also provided a DA Form 638 (Award Recommendation) showing he was awarded the Army Commendation Medal on 30 June 2008 by Permanent Order Number 190-01 issued by HHC, Mobilization and Demobilization Brigade at Fort Bliss, TX.   

10.  In addition, he provided a DA Form 638 showing he was awarded by Permanent Order Number 212-06 the Meritorious Service Medal by the commanding general of the 72nd Brigade Combat Team (TXARNG) upon his retirement for his period of service from 1 June 1988 to 21 January 2009.  This award recommendation is dated 10 June 2009 though no date is assigned to the order number.  

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  
 
DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant is entitled to a correction of his DD Form 214 for the period ending on 9 December 2008 to show his rank and pay grade upon retirement was MSG in pay grade E-8 with a date of rank of 21 August 2008.   

2.  While the applicant's service records do not contain permanent orders announcing award of the Purple Heart nor did he provide a copy, there is compelling evidence that shows a commanding general of a medical command approved award of Purple Heart for wounds he incurred on 6 May 2005 and he was issued a Purple Heart certificate.  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 9 December 2008 to show the Purple Heart.

3.  Based on the evidence of record, the applicant was awarded a second Army Commendation Medal on 30 June 2008 and upon his retirement, a Meritorious Service Medal.  Therefore, he is entitled to a correction of his DD Form 214 for the period ending 9 December 2008 to show the Meritorious Service Medal and a second award of the Army Commendation 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 all Department of the Army records of the individual concerned be corrected by:

     a.   correcting his DD Form 214 for the period ending on 9 December 2008 to show his rank as master sergeant (MSG) in pay grade E-8 with a date of rank of 21 August 2008; and

     b.  adding the Purple Heart, the Meritorious Service Medal, and the Army Commendation Medal (2nd Award) to his DD Form 214 ending on 9 December 2008.




      _______ _   _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)                                         AR20100013648



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ABCMR Record of Proceedings (cont)                                         AR20100013648



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