IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20090001951 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 July 2008, be corrected by deleting the award of the Purple Heart.

2.  The applicant states that he was not awarded the Purple Heart; however, his brother, who is assigned to the same unit, was awarded the Purple Heart and somehow it was incorrectly added to his DD Form 214 as well.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Minnesota Army National Guard (MNARNG) on 13 May 2005 for a period of 8 years and a cash enlistment bonus.  He was ordered to active duty for training (ADUTRA) on 25 May 2005 and was transferred to Fort Leonard Wood, Missouri where he underwent one-station unit training (OSUT) as a carpentry and masonry specialist.  He was honorably released from active duty (REFRAD) on 3 November 2005 and was transferred back to his MNARNG Engineer company.  

2.  On 19 July 2007, he was ordered to active duty with his unit in support of Operation Iraqi Freedom.  He was advanced to the pay grade of E-4 on 24 August 2007 and deployed to Iraq on 3 October 2007.  He departed Iraq on 6 July 2008 and was transferred to Fort McCoy, Wisconsin, where he was honorably released from active duty on 27 July 2008.
3.  His DD Form 214 issued at the time of his REFRAD indicates that he was awarded the Purple Heart.  However, a review of the applicant's official records show no evidence that he was awarded the Purple Heart.

4.  A review of the applicant's brother's official records, who is also in the same MNARNG Engineer company,  shows that he was awarded the Purple Heart for wounds received as a result of hostile enemy action on 26 March 2008.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the award of the Purple Heart should be removed from his DD Form 214 has been considered and found to have merit.

2.  A review of the applicant's official records failed to show any indication that he was wounded as a result of hostile action or that he was awarded the Purple Heart.

3.  However, as the applicant claims, his brother who was assigned to the same unit, was awarded the Purple Heart for wounds received while deployed to Iraq and that award is properly documented in his official records.

4.  Accordingly, it is reasonable to presume that the award of the Purple Heart being entered on the applicant's DD Form 214 was simply an administrative error and the Purple Heart award should be removed from his DD Form 214 at this time.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 deleting the award of the Purple Heart from his DD Form 214, dated 27 July 2008.
2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________XXX_______________
       	   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)                                         AR20090001951



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ABCMR Record of Proceedings (cont)                                         AR20090001951



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