IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110020481
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 records to add the Purple Heart, two Army Commendation Medals (ARCOM), and the Army Achievement Medal (AAM).
2. The applicant states he left Afghanistan before the medals were issued to him.
3. The applicant provides:
* Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim), dated 29 September 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Permanent Order Number 099-026, dated 9 April 2011
* Purple Heart Certificate, dated 9 April 2011
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 11 May 2006 and was awarded military occupational specialty 11B (Infantryman). The highest rank/grade he attained while serving on active duty was sergeant/E-5.
2. He provides Permanent Order Number 099-026 issued by Headquarters, U.S. Army Forces-Afghanistan, on 9 April 2011 awarding him the Purple Heart for wounds received in action on 8 March 2010. He also provides the accompanying award certificate.
3. His records do not contain official orders, certificates, or recommendations for award of the ARCOM or AAM.
4. His DD Form 214 shows he was honorably released from active duty on 10 May 2011 after completing 5 years of net active service. This form further shows he received the following awards:
* Afghanistan Campaign Medal with campaign star
* ARCOM
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon (NPDR)
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization Medal
* Combat Infantryman Badge
* Parachutist Badge
5. A review of his record shows he is entitled to additional awards.
6. His records contain two DA Forms 1059 (Service School Academic Evaluation Report). The first form, dated 16 August 2007, shows he successfully completed the Warrior Leader Course. The second form, dated 9 May 2008, shows he completed the Basic Noncommissioned Officer Course.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
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 NPDR was established by the Secretary of the Army on 10 April 1981.
It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated noncommissioned officer (NCO) professional development courses. Soldiers must successfully complete one or more NCO courses to receive the NPRD. Acceptable evidence of graduation is a diploma, certificate, or a letter signed by an appropriate service school official. Effective August 1981, all Active Army, Army National Guard, and U.S. Army Reserve Soldiers in an active status are eligible for this award for satisfactory completion of the respective Noncommissioned Officer Education System or Reserve Component Noncommissioned Officer Education System courses as follows:
* Primary NCO Course, Combat Arms Primary NCO Course, Primary Leadership Course, primary technical courses, and Warrior Leader Course (WLC) (formally called Primary Leadership Development Course) for award of the basic ribbon
* Basic NCO Course (BNCOC), Combat Arms BNCOC, basic technical courses, and Combat Support/Combat Service Support BNCOC for award of Numeral 2
DISCUSSION AND CONCLUSIONS:
1. Permanent Order Number 099-026 awarded him the Purple Heart for wounds received in action on 8 March 2010. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The applicant completed WLC and as such he is authorized the NPDR; however, he also completed BNCOC. Therefore, he is authorized the Numeral 2 for his previously-awarded NPDR and to have his DD Form 214 corrected to show this.
3. With respect to two ARCOM's and an AAM, his records lack evidence of formal recommendations, approval through the chain of command, and announcement in orders which are required by regulation for award of the ARCOM and AAM. Therefore, he is not entitled to have his record corrected to show these awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X ___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
* deleting the NPDR from his DD Form 214
* adding the Purple Heart and NPDR with Numeral 2 to his DD Form 214
2. The Board further determined 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 two awards of the ARCOM and one award of the AAM.
_________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.
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