IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110014964
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
* rank/grade changed to corporal (CPL)/E-4
* appropriate remarks in block 18 (Remarks)
2. He states he was wounded in the right lower leg while on a combat patrol in Afghanistan. He maintains that he was awarded the Purple Heart while at the Bagram Hospital, Camp Lacy, Afghanistan.
3. He provides his DD Form 214, medical records, and Patient Movement Request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 3 April 2008 in the rank/grade of private (PVT)/E-1. On 3 September 2009, he was ordered to active duty in support of Operation Enduring Freedom. On 28 December 2010, he was honorably released from active duty and credited with completing 1 year, 3 months, and 26 days of active service.
2. The applicant's DD Form 214 shows in:
a. Item 4a/4b (Grade, Rate, or Rank)/(Pay Grade), major (MAJ)/04.
b. Item 12i (Effective Date of Pay Grade), 5 August 2009.
c. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show he was awarded the Purple Heart.
d. Item 18, "//ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302 [in accordance with Title 10, U.S. Code, section 12302] From 20090909-20100524//MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//.
3. Headquarters, Combined Joint Task Force-82, Permanent Orders 134-005, dated 14 May 2010, contained in his official military personnel file (OMPF), shows he was awarded the Purple Heart for wounds received in action on 13 May 2010. His rank is listed as specialist (SPC)/E-4.
4. The Human Resources Command Integrated Web Services, of his OMPF provides general information on the applicant. This site lists his rank as SPC with a date of rank listed as 5 August 2009.
5. His record is void of any evidence that shows he was commissioned as an officer and obtained the rank of MAJ. Additionally, there is no evidence that he was laterally appointed to CPL.
6. Army Regulation 635-5 (Personnel Separations - 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:
a. To enter in Item 4 (a and b), the active duty grade of rank and pay grade at the time of separation.
b. For item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.
* ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)
* SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)
* SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS
DISCUSSION AND CONCLUSIONS:
1. Orders confirm the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart.
2. It appears that an error occurred in the processing of the applicant's
DD Form 214. The record shows he enlisted in the USAR on 3 April 2008 in the rank of PV1. The record also shows the highest grade he held was SPC/E-4 with a date of rank of 5 August 2009. There is no evidence that shows he was commissioned as an officer and obtained the rank of MAJ. There is also no evidence and he has not provided any to show he was appointed to CPL. However, he is entitled to correction of his DD Form 214 to show his rank/grade as SPC/E-4.
3. The statement "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302" already appears in item 18 of his DD Form 214. However, for Reserve Soldiers ordered to active duty and deployed to a foreign country, two additional statements are required. The second statement is incorrectly entered. Therefore, his DD Form 214 should be corrected to show the two additional statements as indicated below.
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 4a/4b of his 28 December 2010 DD Form 214 the entry of MAJ/04;
b. showing the entry of SPC/E-4 in item 4a/4b of his 28 December 2010
DD Form 214;
c. adding to item 13 of his 28 December 2010 DD Form 214 the Purple Heart;
d. deleting from item 18 of his DD Form 214 the entry MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE; and
d. adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20090909-20100524" and "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
2. The Board further determined that the evidence presented was 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 showing his rank as CPL.
_______ _ 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) AR20110014964
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014964
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090017323
The applicant requests correction of items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). DISCUSSION AND CONCLUSIONS: The promotion orders which show the applicant was promoted to major on 2 October 2007 with a DOR of 2 October 2007 are accepted as sufficient evidence on which to amend items 4a, 4b, and 12h on the applicant's DD Form 214. _______ _ _X______ ___ CHAIRPERSON I certify...
ARMY | BCMR | CY2010 | 20100028217
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the following: * Combat Action Badge (CAB) * Iraq Campaign Medal * Rank as corporal (CPL)/E4 2. The applicant is requesting correction of his records to show award of the CAB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing his rank in item 4a of his DD Form 214 as CPL; b. awarding him the AGCM...
ARMY | BCMR | CY2014 | 20140017949
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 24 May 1991, to show in: * Item 4a (Grade, Rate, or Rank) his rank as corporal (CPL) instead of specialist (SPC) * Item 11 (Primary Specialty) his secondary (S) military occupational specialty (MOS) of 95B (Military Police (MP)) 2. Therefore, the evidence of record is sufficient to warrant correction of item 4a of his 1991 DD Form 214 to show his rank as...
ARMY | BCMR | CY2014 | 20140015682
Section III A (For each Soldier, regardless of condition) - he recommended retention of the applicant. Although he may have served in the rank of CPL at one time, the evidence of record does not show and he did not provide sufficient evidence that conclusively shows he was ever laterally appointed to the rank of CPL prior to placement on the TDRL. His unit commander stated on a DA Form 7652 that the applicant had been in a team position which would indicate the applicant was an acting CPL...
ARMY | BCMR | CY2008 | 20080010784
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 September 1992 to show award of the Overseas Service Ribbon and the Good Conduct Medal. The applicant provides three applications; two award certificates for the Purple Heart for wounds received on 13 October 2003 and on 22 December 2004; an award certificate for the Bronze Star Medal with V Device; orders for the Army Achievement Medal; Honorable...
ARMY | BCMR | CY2014 | 20140004619
BOARD DATE: 28 October 2014 DOCKET NUMBER: AR20140004619 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his grade/rank as corporal (CPL)/E-4 instead of private first class (PFC)/E-3. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated advancements to E-4 and below and grade restorations would be announced by DA Form 4187.
ARMY | BCMR | CY2012 | 20120002816
The applicant provided orders 272-03, dated 29 September 2009, which promoted him to SGT/E-5, effective 1 October 2009. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). His record shows he was a promotable SPC/E-4.
ARMY | BCMR | CY2011 | 20110002860
The applicant contends that his DD Form 214 should be corrected to show he was promoted to LTC/O-5 and retired from active duty in that grade because orders were issued promoting him to LTC while he was on transition leave and prior to his separation date. Records show that USAHRC issued orders promoting the applicant to LTC/O-5 effective 1 December 2009. The evidence of record shows that in order to retire in the rank/grade of LTC/O-5, an officer must satisfactorily serve in the new...
ARMY | BCMR | CY2011 | 20110022224
The applicant requests correction of her military records to show her correct rank. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows in: * Item 4a (Grade, Rate or Rank) the entry "PFC" * Item 4b (Pay Grade) the entry "E03" * Item 12i (Effective Date of Pay Grade) the entry "2009 06 11" (11 June 2009) 4. While undergoing physical disability processing, she met the requirements for promotion to SPC on 11 June 2011 and a DA Form 4187...
ARMY | BCMR | CY2014 | 20140016491
The applicant requests correction of his records to show he retired as a sergeant (SGT) in pay grade E-5. His record does not contain any documentation showing he was recommended for or promoted to SGT during his active duty service nor is there any record of NJP. In addition, he received a second flag effective 16 September 2013 for an adverse action which also made him ineligible for promotion consideration to SGT.