BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120017529
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 his award of the Purple Heart be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his DD Form 214 does not show he was awarded the Purple Heart.
3. The applicant provides copies of:
* General Discharge Certificate
* DD Form 214 for the period ending 22 August 2003
* Purple Heart Certificate, dated 27 August 2004
* Oral Surgery Transfer Summary for the period 21-26 August 2004
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, a member of the Arkansas Army National Guard, was honorably released from active duty on 4 April 2005 in the rank of specialist four. He completed 1 year, 5 months, and 23 days of active service during the period covered by the DD Form 214.
3. His 4 April 2005 DD Form 214 shows in:
a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), no Purple Heart; and
b. item 18 (Remarks), "SERVICE MEMBER RECEIVED IMMINENT DANGER PAY FROM 22MAR2004-18MAR2005 WHILE SERVING TIME IN IRAQ."
4. He provides copies of:
a. an Oral Surgery Transfer Summary from the 31st Combat Support Hospital, Ibn Sina Hospital, Baghdad, showing he was admitted on 21 August and discharged on 26 August 2004. The report shows the applicant was injured by a Rocket Propelled Grenade (RPG) blast on 21 August 2004 near Najaf, Iraq. He was treated for nasal tip avulsion, left earlobe stellate laceration, and shrapnel fragment left shoulder.
b. a certificate showing he was awarded the Purple Heart by Permanent Orders 240-002 for wounds received in action on 21 August 2004 in Iraq.
DISCUSSION AND CONCLUSIONS:
Permanent orders show the applicant was awarded the Purple Heart for wounds received in action on 21 August 2004. This award should be added to his 4 April 2005.
BOARD VOTE:
__x___ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the Purple Heart to his 4 April 2005 DD Form 214.
____________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) AR20100000172
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120017529
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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