IN THE CASE OF:	  

		BOARD DATE:	    5 May 2011

		DOCKET NUMBER:  AR20100026639 


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) to show award of the Purple Heart and that an Army Commendation Medal Certificate be issued to him.

2.  The applicant states he received the Army Commendation Medal on 12 August 2004 and he just realized he received the wrong certificate.  He was awarded the Purple Heart and it is not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214, dated 5 April 2006
* DA Form 638 (Recommendation for Award)
* permanent orders
* two award certificates

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's records show he enlisted in the Army National Guard (ARNG) on 21 February 2002 and he held military occupational specialty 63G (Fuel and Electrical Systems Repairer).

3.  He was ordered to active duty on 2 September 2003 in support of Operation Iraqi Freedom (OIF).  He served in Iraq from 14 November 2003 to 7 October 2004 while assigned to the 367th Maintenance Company.

4.  Headquarters, Multinational Brigade-North, Permanent Orders 149-003D, dated 28 May 2004, awarded him the Purple Heart for wounds received as a result of enemy or hostile fire actions in Iraq on 1 May 2004.

5.  He was honorably released from active duty on 23 November 2004.  The DD Form 214 he was issued for this period of service shows he completed 1 year, 2 months, and 22 days of creditable active service.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, and overseas service bar.

7.  He was again ordered to active duty as a member of his ARNG unit on 26 December 2004 in support of Operation Noble Eagle.  He was honorably released from active duty on 5 April 2006 in the rank/grade of specialist/E-4.  The DD Form 214 he was issued for this period of service shows he completed 1 years, 3 months, and 10 days of creditable active service.

8.  Item 13 of this DD Form 214 shows the Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Reserve Medal with "M" Device.

9.  Mississippi ARNG memorandum, dated 11 May 2006, awarded him the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal military service for a period of at least 1 year during OIF.

10.  State of Mississippi Permanent Orders 176-035, dated 25 June 2006, awarded him the Combat Action Badge for actively engaging or being engaged by the enemy during assignment in a hostile area on 1 May 2004.

11.  The applicant provides a DA Form 638, dated 14 July 2004, wherein it shows Permanent Order Number 04-225-109 issued by 167th Corps Support Group awarded him the Army Commendation Medal for exceptionally meritorious service in support of OIF for the period 13 November 2003 to 10 June 2004.

12.  He also provides an award certificate, dated 12 August 2004, wherein it shows Permanent Order Number 04-225-111 issued by 167th Corps Support Group awarded Sergeant P____ S____ the Army Commendation Medal for exceptionally meritorious service in support of OIF for the period 13 November 2003 to 12 November 2004.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows permanent orders awarded the applicant the Purple Heart and the Combat Action Badge which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He was awarded the Army Good Conduct Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Permanent orders awarded him the Army Commendation Medal; however, the award certificate he provided shows the name of a different Soldier with a different permanent order number.  It is presumed that an error was made and he inadvertently received the wrong award certificate.  Therefore, it would be appropriate to issue him a certificate for 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 the evidence presented is 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.  adding to item 13 of his DD Form 214, dated 5 April 2006, the Purple Heart, Army Good Conduct Medal (1st Award), and Combat Action Badge and

	b.  issuing him a certificate for award of the Army Commendation Medal with the correct information as shown on the DA Form 638, dated 14 July 2004.



      __________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)                                         AR20100026639



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ABCMR Record of Proceedings (cont)                                         AR20100026639



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