IN THE CASE OF:	  

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20120022644 


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, in effect, award of the Purple Heart for being wounded in action in Iraq and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award and the Mississippi Emergency Service Medal.

2.  The applicant states these medals were omitted from his DD Form 214.

3.  The applicant provides:

* 3 witness statements
* Enlisted Record Brief
* DD Form 214 for the period ending 1 October 2010
* DA Form 1156 (Casualty Feeder Report)
* 3 DA Forms 638 (Recommendation for Award)
* Memorandum issued by Joint Force Headquarters, Mississippi Army National Guard (MSARNG), subject:  Award of the Mississippi Emergency Service Medal for "Operation Vigilant Relief," Hurricane Katrina, dated 
1 December 2005

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 requested award of the Purple Heart for being wounded in action in Iraq.  Army Regulation 15-185, the regulation under which the ABCMR operates, states the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.

	a.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 (Purple Heart), provides that any member of the Army who believes they are eligible for the Purple Heart, but through unusual circumstances no award was made, may submit a request to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Drive, Fort Knox, KY  40122.

	b.  The request will include documentation pertaining to the wound and inflicting force, including:

* Deployment orders
* Enlisted Record Brief
* One-page narrative describing the qualifying incident and the conditions under which the Service member was injured or wounded
* Notarized statements from at least two individuals other than the proposed recipient who were personally present, observed the incident, and have direct knowledge of the event; alternatively, other official documentation may be used to corroborate the narrative
* Casualty report
* Standard Form (SF) 600 (Chronological Record of Medical Care)
* DD Form 214 

	c.  However, should the applicant's Purple Heart issue not be resolved to his satisfaction, and he still feel that an error or injustice exists, he may resubmit his application to this Board, including evidence of the denial of his request by the Commander, HRC.


	d.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Indiana Army National Guard (INARNG) on 
28 July 2003.

4.  He provided a memorandum, dated 1 December 2005, that confirms he was awarded the Mississippi Emergency Service Medal for service in the disaster relief and clean-up associated with "Operation Vigilant Relief," Hurricane Katrina.

5.  On 1 March 2006, he was honorably discharged from the INARNG for the purpose of enlistment in the Regular Army (RA).  The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued at the time does not show the Mississippi Emergency Service Medal.

6.  On 2 March 2006, he enlisted in the RA.  He was discharged on 1 October 2010.  The DD Form 214 he was issued at the time does not list the Mississippi Emergency Service Medal.

7.  Army Regulation 600-8-22 prescribes the Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation lists authorized awards and decorations and their order of precedence for entry on the DD Form 214.  State awards are not listed.

8.  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 that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms he was awarded the Mississippi Emergency Service Medal for service in the disaster relief and clean-up associated with Hurricane Katrina; however, by regulation, only awards authorized by Army Regulation 600-8-22 are to be entered on the DD Form 214.  Given that his State ribbons/medals are not awards recognized by Army Regulation 600-8-22, even when they are received during an active duty period covered by a DD Form 214, they would not be an authorized entry.  Therefore, there is no basis for granting this portion of the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20120022644



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ABCMR Record of Proceedings (cont)                                         AR20120022644



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