IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130007811 


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 award of the Purple Heart and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* award of the Purple Heart and Combat Infantryman Badge
* the correct the spelling of the city listed in item 19a (Mailing Address after Separation) and item 19b (Nearest Relative)

2.  The applicant states:

	a.  He should be awarded the Purple Heart because his vehicle was struck by improvised explosive devices on two occasions:  in October 2010 and on 27 November 2010.  He suffered a traumatic brain injury.

	b.  Permanent orders show he was awarded the Combat Infantryman Badge.

	c.  The city shown in items 19a and 19b is spelled incorrectly.

3.  The applicant provides copies of his:

* Standard Form 600 (Chronological Record of Medical Care), dated 26 November 2012
* Combat Infantryman Badge orders
* DD Form 214



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 September 2009.  He held military occupational specialty 11B (Infantryman).

2.  He was released from active duty on 19 January 2013 in the rank of specialist (SPC).  He completed 3 years, 4 months, and 4 days of active duty service.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Expert Infantryman Badge
* Overseas Service Bar (2nd Award)
* Army Lapel Button

	b.  item 18 (Remarks) shows service in Iraq from 5 July 2010 through 29 June 2011.

	c.  items 19a and 19b show the city spelled as "ATHAS."

3.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Purple Heart.

4.  There is no evidence of disqualification for award of the Army Good Conduct Medal.

5.  The applicant provides a copy of Headquarters, 1st Heavy Brigade Combat Team, 1st Armored Division, Permanent Orders Number 283-14, dated 10 October 2010, showing he was awarded the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  A bronze service star is authorized with the Iraq Campaign Medal for each campaign a member is credited with participating in.  During the applicant's period of service in Iraq, he participated in the following campaigns:

* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	c.  Paragraph 2-8 (Purple Heart) provides that any member (or former member) of the Army who believes he or she is eligible for award of the Purple Heart, but through unusual circumstances no award was made, may submit a request to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Drive, Fort Knox, KY  40122.  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 600 (Chronological Record of Medical Care)
* DD Form 214

7.  A computer search failed to reveal any city in Tennessee with the name spelled as "Athas."  There is, however, a city with the name spelled as "Athens."

8.  Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, provides that the Board will not consider a request if it determines the applicant has not exhausted all available administrative remedies.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that shows the applicant was awarded the Purple Heart.  The evidence of record shows that former members of the Army should submit a request for award of the Purple Heart to the Commander, U.S. Army Human Resources Command.  There is no evidence the applicant has exhausted this administrative remedy.  Therefore, the applicant's request for award of the Purple Heart will not be discussed further in this Record of Proceedings.

2.  The applicant's records show he distinguished himself in the performance of his military service as evidenced by attaining the rank of SPC, receiving a personal decoration, and his honorable separation.  Furthermore, there is no evidence of disqualification for award of the Army Good Conduct Medal.  It is presumed that he did not receive the Army Good Conduct Medal due to an oversight.  Accordingly, he should be awarded the Army Good Conduct Medal (1st Award).

3.  Permanent orders awarded the applicant the Combat Infantryman Badge:

4.  Records also show the applicant served in Iraq during two campaigns.

5.  His DD Form 214 should be corrected to show these awards.

6.  The correct spelling of the of the city name in items 19a and 19b of his DD Form 214 is "Athens."

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 September 2009 through 15 September 2012;

	b.  deleting award of the Iraq Campaign Medal with campaign star from item 13 of his DD Form 214;

	c.  adding the following awards to item 13 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Combat Infantryman Badge

	d.  deleting the name of the city in items 19a and 19b showing "ATHAS" and replacing it with "ATHENS."



      _______ _  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)                                         AR20130006762



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ABCMR Record of Proceedings (cont)                                         AR20130007811



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