IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140013324
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Purple Heart.
2. The applicant states he was awarded the Purple Heart, but it is not listed on his DD Form 214. He has the certificate, yet unfortunately he lost the orders. He can provide other documentation (i.e., newspaper articles) if needed. He has also telephoned his company, battalion, and brigade and they haven't been able to assist him.
3. The applicant provides copies of a Purple Heart Certificate and his DD Form 214.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant's military records show he enlisted in the Regular Army on 18 July 2007. He was awarded military occupational specialty 88M (motor transport operator). He served in:
* Iraq from 14 June 2008 through 28 August 2009
* Afghanistan from 14 June 2010 through 17 June 2011
3. He provided a Purple Heart Certificate, dated 9 March 2011, which shows Joint Sustainment Command Afghanistan Permanent Orders (PO) Number 68-01 awarded him the Purple Heart for wounds received in action on 7 January 2011 in Afghanistan.
4. He was honorably released from active duty on 20 November 2011 and was transferred to the U.S. Army Reserve Control Group. He was credited with completing 4 years, 4 months, and 3 days of active service. His DD Form 214 lists the:
* Afghanistan Campaign Medal with 1 bronze service star
* Iraq Campaign Medal with 2 bronze service stars
* Army Commendation Medal (2nd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* North Atlantic Treaty Organization Medal
* Combat Action Badge
* Driver and Mechanic Badge with Driver-W Device (Wheeled Vehicle) Clasp
5. Section VII (Awards and Decorations) of his Enlisted Record Brief lists the same awards as listed on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a Purple Heart certificate that shows PO 68-01, dated 9 March 2011, awarded him the Purple Heart for wounds received in action during his period of service in Afghanistan. This award is not shown on his
DD Form 214.
2. In view of the foregoing and notwithstanding the absence of orders for the award in his records, it would be appropriate to correct his DD Form 214 to show the Purple Heart.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Purple Heart.
____________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) AR20140013324
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ABCMR Record of Proceedings (cont) AR20140013324
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