BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110010270 


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) for the period ending 19 January 2011 to show his service in Afghanistan and his award of two Purple Hearts (PH's), an Army Achievement Medal (AAM), and the Afghanistan Campaign Medal (ACM).

2.  The applicant states his DD Form 214 does not show his service in Afghanistan from 5 June to 14 November 2010 [5 months and 10 days], two PH's, the AAM, or the ACM.

3.  The applicant provides copies of his DD Form 214 and two certificates for award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214 shows he was ordered to active duty from the U.S. Army Reserve on 10 April 2010 in support of Operation Enduring Freedom (OEF).  He was honorably released from active duty on 19 January 2011 at the completion of required active service.  The DD Form 214 he was issued at the time shows in:

	a.  Item 12 (Record of Service):

* a (Date entered active duty this period) the entry "2010  04  10"
* b (Separation date this period) the entry "2011  01  19"


* c (Net active service this period) the entry "000  09  10" [9 months and 10 days]
* f (Foreign Service) the entry "0000  00  00"

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Purple Heart
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device

	c.  Item 18 (Remarks) the entries "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW (in accordance with)
10 USC 12302" and "INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST SERVICE BENEFITS AND ENTITLEMENTS."

2.  There is no entry on the applicant's DD Form 214 showing he served in Afghanistan.

3.  The award certificates provided by the applicant indicate orders were published awarding him the Purple Heart for the following wounds received in action:

	a.  Permanent Order Number 227-001 for wounds received on 14 August 2010; and

	b.  Permanent Order Number 316-001 for wounds received on 12 November 2010.  [Note:  This order is filed in the applicant's Official Military Personnel File]

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for the period 5 June 2010 through his release from active duty on 19 January 2011 [7 months and 15 days]; however, the records do not contain the exact date of his departure from the danger zone or the exact country of service.


5.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  The ACM is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006 - 30 November 2009)
* Consolidation III  (1 December 2009 - 30 June 2011)
* Transition I (1 July 2011 - date to be determined)

	b.  The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  The Purple Heart is awarded to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

6.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that for Item 18 (Remarks), for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

	b.  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."


	c.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Afghanistan and his awards of two PH's, an AAM, and the ACM.

2.  There are no available orders awarding the applicant the AAM.  Furthermore, he has not provided any documentary evidence of such an award.  Therefore, this portion of his request should be denied.

3.  The two certificates for award of the PH each contain a reference to the permanent order awarding him a PH for wounds received on 14 August and 
12 November 2010.  Because the available evidence does not indicate he was awarded an additional PH, it is presumed that the PH currently shown on his
DD Form 214 reflects one of the two awards recognized by the certificates provided with this case.  Therefore, his DD Form 214 should be corrected to show two awards of the PH.

4.  The applicant's contention that he served in Afghanistan is sufficiently supported by the available evidence.  However, the applicant's statement that he was deployed from 5 June to 14 November 2010 differs with DFAS records that show he received HF/IDP until 19 January 2011, a period of 7 months and
15 days.  In the interest of justice, and because the DFAS records do not have an exact date of departure, it would be appropriate to correct his DD Form 214 using the applicant's stated deployment dates.

5.  The available evidence shows that the applicant served during a qualifying period for award of the ACM with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

	a.  deleting from Item 12f of his DD Form 214 for the period ending
19 January 2011 the entry "0000  00  00" and replacing it with the entry
"0000  05  10";

	b.  deleting from Item 13 of his DD Form 214 for the period ending 19 January 2011 the Purple Heart;

	c.  adding to Item 13 of his DD Form 214 for the period ending 19 January 2011 the:

* Purple Heart (2nd Award)
* Afghanistan Campaign Medal with one bronze service star

	d.  adding to Item 18 of his DD Form 214 for the period ending 19 January 2011 the entry "SERVICE IN AFGHANISTAN FROM 20100605 - 20101114."

2.  The Board further determined that 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 correcting his DD Form 214 to show award of 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)                                         AR20110010270



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ABCMR Record of Proceedings (cont)                                         AR20110010270



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