IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110017064
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 the rank shown on the orders awarding him the Purple Heart and his Purple Heart Certificate.
2. He states, in effect, the paperwork for his Purple Heart shows his rank as private first class (PFC)/E-3. He states his rank was sergeant (SGT)/E-5 at the time of release from active duty.
3. He provides a VA Form 21E-1990 (Veteran's Application for Program or Education or Training) and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 September 1969.
2. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was promoted to specialist four (SP4)/E-4 on 4 December 1970 and to specialist five (SP5)/E-5 on 1 September 1971.
3. He was honorably released from active duty on 24 March 1972 and held the rank/grade of SP5/E-5 at the time.
4. On 20 January 2011, the U.S. Army Human Resources Command (AHRC), Fort Knox, KY, issued Permanent Order (PO) 020-10 announcing award of the Purple Heart to the applicant for wounds he received on 21 February 1971. AHRC also issued a Purple Heart Certificate showing he was awarded the Purple Heart for wounds receive in the Republic of Vietnam on 21 February 1971 as announced in the above PO. The PO and the Purple Heart Certificate show his rank as PFC.
DISCUSSION AND CONCLUSIONS:
1. The available records clearly show the applicant held the rank of SP4 when he became eligible for award of the Purple Heart upon being wounded on
21 February 1971.
2. One may infer from the statement he makes in his application that he believes the PO and Purple Heart Certificate issued by AHRC should show SP5, the rank he held when he was released from active duty. However, if orders and a Purple Heart Certificate had been prepared shortly after he was wounded, as was usually the case, those documents would have shown his rank at the time, which was SP4. Accordingly, as a matter of equity, it would be appropriate to correct his record to reflect the conditions that existed at the time he was wounded by:
* amending the PO announcing award of the Purple Heart to him to show his rank as SP4
* issuing him a new Purple Heart Certificate showing his rank as SP4
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X __ ____X___ ____X___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. amending AHRC PO 020-10, dated 20 January 2011, to show his rank as SP4; and
b. issuing him a new Purple Heart Certificate showing his rank as "Specialist Four."
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 amending his Purple Heart orders and certificate to show his rank as sergeant.
_________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) AR20110017064
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017064
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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