BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100024004
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 to be awarded the Purple Heart (PH) and the Army Commendation Medal (ARCOM) and to be promoted to sergeant/pay grade E-5.
2. The applicant states he was eligible for award of the PH and ARCOM, but he was discharged from the Warrior Transition Unit before receiving them. He further contends he should have been promoted to the rank of sergeant/pay grade E-5.
3. The applicant provides a copy of page 2 of a patient inquiry, dated 13 October 2009.
CONSIDERATION OF EVIDENCE:
1. On 9 May 2002, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).
2. On 1 February 2004, the applicant was advanced to the rank of specialist/pay grade E-4.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:
a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the ARCOM, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, Combat Infantryman Badge, and Army Lapel Button;
b. item 18 (Remarks) his service in Iraq from 5 November 2003-5 November 2004; and
c. item 28 (Narrative Reason for Separation) he was discharged by reason of temporary disability.
4. On 6 September 2009, the applicant was retired due to temporary physical disability in the rank of specialist/pay grade E-4. He had approximately 88 months of time in service and more than 67 months of time in grade at the time of his separation from active duty.
5. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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.
6. Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides the following criteria for recommendation and promotion to sergeant/pay grade E-5. A Soldier must:
a. have a minimum of 34 months of time in service and 6 months of time in grade as an E-4 and be recommended for promotion;
b. be reenlistment eligible;
c. possess a current passing Army Physical Fitness Test score and be MOS qualified;
d. be medically qualified; and
e. meet or exceed the centralized cut-off score for the recommended MOS and be able to meet or exceed any service remaining requirements.
8. The patient inquiry, dated 13 October 2009, provided by the applicant indicates that his disabilities are service-connected with a rating of 100 percent. The document does not state when, where, or under what circumstances the disabilities were incurred.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the PH and ARCOM and he should be promoted to sergeant/pay grade E-5.
2. The evidence of record clearly shows the applicant met the minimum time-in-service and time-in-grade requirements to be recommended for promotion to sergeant/pay grade E-5. However, there is no evidence showing he had been recommended for such promotion or that he met all of the other requirements. Therefore, his request concerning promotion to sergeant should be denied.
3. The evidence of record clearly shows the applicant had been assigned to the combat zone in Iraq and that he was subsequently separated from active duty due to a temporary physical disability. However, there is no available evidence showing he received a wound as a result of enemy action. Therefore, his request for award of the PH should be denied.
4. The available evidence clearly shows the applicant was awarded an ARCOM. However, there is no available evidence indicating he was recommended for or awarded a second ARCOM. Therefore, his request for another award of the ARCOM should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ ___x_____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20100024004
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100024004
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