BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110014601 


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 social security number (SSN) to 
XXX-XX-X7XX on the orders awarding him the Purple Heart.  Additionally, as a related issue he requests, in effect, award of the Purple Heart be added to his DD Form 214.

2.  He states Permanent Orders 04-28 contain an incorrect SSN.

3.  He provides Permanent Orders 04-28, dated 10 April 1990.

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 14 January 1986.  He served   4 years and was honorably released from active duty (REFRAD) on 13 January 1990 and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His DA Form 2-1 (Personnel Qualification Record), shows from 25 June 1986 until his REFRAD, he was assigned to Company B, 2d Battalion, 75th Ranger Regiment. 

4.  On 31 January 1991, he was ordered to active duty in support of Operation Desert Shield/Storm.  He served 1 month and 16 days on active duty and was honorably released on 16 March 1991.

5.  Item 3 (SSN) of his 13 January 1990 and 16 March 1991 DD Forms 214, as well as his DD Form 215 (Correction to DD Form 214), shows his SSN as
XXX-XX-X7XX.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of these forms shows the following:

* National Defense Service Medal
* Army Good Conduct Medal
* Ranger Tab
* Expert Infantryman Badge
* Army Achievement Medal (AAM) (1st Oak Leaf Cluster) (1OLC)
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Legion of Merit (1OLC)

6.  Permanent Orders 04-28, dated 10 April 1990, show he was awarded the Purple Heart for wounds received on 20 December 1989.  However, the orders show his SSN, in the standard name line, as XXX-XX-X4XX instead of
XXX-XX-X7XX.  

7.  All the documents in his military personnel records, including his enlistment contract, DA Form 2-1, and various orders show his SSN as XXX-XX-X7XX.

8.  Permanent Orders 212-14, dated 2 November 1989, show he was awarded the Army Commendation Medal (ARCOM) for the period 25 June 1986 to
13 January 1990.

9.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 shows he qualified as expert with the hand grenade on 24 February 1986 and was awarded the AAM (1OLC).

10.  A review of the Human Resources Command (HRC), Awards and Decorations, Unit Award website, shows the 75th Ranger Regiment, 2d Battalion was awarded Assault Landing Credit (Panama Campaign Participation Credit) for the period 20 December 1989 by Department of the Army General Orders (DAGO) 31, dated 30 November 1992. 

11.  Army Regulation 600-8-22 (Military Awards) states the following:

   a.  The “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized only for members of the units listed in DAGO 31, 1992, who actually participated in a landing in Panama on 20 December 1989.  
   
   b.  A bronze service star affixed to the Parachutist Badge is authorized for members of the unit listed in DAGO 31, 1992 for participation in combat parachute jump on 20 December 1989.

	c.  The Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 
31 January 1990.

   d.  The arrowhead is authorized for wear on the AFEM.

DISCUSSION AND CONCLUSIONS:

1.  It appears that a typographical error occurred in the preparation of the applicant's orders for award of the Purple Heart since all the documents in his military personnel records and his DD Forms 214 show his SSN as XXX-XX-X7XX.  Therefore, he is entitled to amendment of Permanent Orders Number
04-28, dated 10 April 1990, to show his SSN as XXX-XX-X7XX.

2.  Based on the date the applicant was awarded the Purple Heart and the fact that he was assigned to the 75th Ranger Regiment, 2d Battalion; it is reasonable to assume he was wounded during his landing in Panama.  The orders provided, as well as the period identified for the assault landing credit provides credence to this assumption.  Therefore, in the interest of equity, it would be appropriate to correct his records to show award of the Purple Heart.

3.  Orders verify he is entitled to correction of his records to show award of the ARCOM.

4.  His DA Form 2-1 verifies his entitlement to the Expert Marksmanship Qualification Badge with Grenade Bar and the AAM (1OLC).  Therefore, his 
DD Form 214 should be corrected to show this badge and this award.

5.  The evidence of record shows he was assigned to a unit that received assault landing credit for Panama.  Therefore, he is entitled to have his records corrected to show a bronze service star affixed to his already-awarded Parachutist Badge.

6.  His qualifying service in Panama on 20 December 1989 also qualifies him for the award of the AFEM.  Based on his unit receiving assault landing credit on that date, he is also authorized the arrowhead device to be worn on his AFEM. Therefore, he is entitled to correction of his record to show this award.

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.  amending Permanent Orders Number 04-28, dated 10 April 1990, to show his SSN as shown on his DD Form 214;
   
   b.  deleting from item 13 of his of 16 March 1991 DD Form 214 the AAM and Parachutist Badge; and 
   
   
   c.  adding to item 13 of his 16 March 1991 DD Form 214 the Purple Heart, ARCOM, AAM (2nd Award), AFEM with arrowhead device, Parachutist Badge with a bronze service star, and the Expert Marksmanship Qualification Badge with Grenade Bar.



      _______ _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)                                         AR20110014601





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ABCMR Record of Proceedings (cont)                                         AR20110014601



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