IN THE CASE OF: BOARD DATE: 22 February 2012 DOCKET NUMBER: AR20110014964 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: * award of the Purple Heart * rank/grade changed to corporal (CPL)/E-4 * appropriate remarks in block 18 (Remarks) 2. He states he was wounded in the right lower leg while on a combat patrol in Afghanistan. He maintains that he was awarded the Purple Heart while at the Bagram Hospital, Camp Lacy, Afghanistan. 3. He provides his DD Form 214, medical records, and Patient Movement Request. CONSIDERATION OF EVIDENCE: 1. The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 3 April 2008 in the rank/grade of private (PVT)/E-1. On 3 September 2009, he was ordered to active duty in support of Operation Enduring Freedom. On 28 December 2010, he was honorably released from active duty and credited with completing 1 year, 3 months, and 26 days of active service. 2. The applicant's DD Form 214 shows in: a. Item 4a/4b (Grade, Rate, or Rank)/(Pay Grade), major (MAJ)/04. b. Item 12i (Effective Date of Pay Grade), 5 August 2009. c. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show he was awarded the Purple Heart. d. Item 18, "//ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302 [in accordance with Title 10, U.S. Code, section 12302] From 20090909-20100524//MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE//.” 3. Headquarters, Combined Joint Task Force-82, Permanent Orders 134-005, dated 14 May 2010, contained in his official military personnel file (OMPF), shows he was awarded the Purple Heart for wounds received in action on 13 May 2010. His rank is listed as specialist (SPC)/E-4. 4. The Human Resources Command Integrated Web Services, of his OMPF provides general information on the applicant. This site lists his rank as SPC with a date of rank listed as 5 August 2009. 5. His record is void of any evidence that shows he was commissioned as an officer and obtained the rank of MAJ. Additionally, there is no evidence that he was laterally appointed to CPL. 6. 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: a. To enter in Item 4 (a and b), the active duty grade of rank and pay grade at the time of separation. b. For item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession. * “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)” * “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)” * “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS” DISCUSSION AND CONCLUSIONS: 1. Orders confirm the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart. 2. It appears that an error occurred in the processing of the applicant's DD Form 214. The record shows he enlisted in the USAR on 3 April 2008 in the rank of PV1. The record also shows the highest grade he held was SPC/E-4 with a date of rank of 5 August 2009. There is no evidence that shows he was commissioned as an officer and obtained the rank of MAJ. There is also no evidence and he has not provided any to show he was appointed to CPL. However, he is entitled to correction of his DD Form 214 to show his rank/grade as SPC/E-4. 3. The statement "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302" already appears in item 18 of his DD Form 214. However, for Reserve Soldiers ordered to active duty and deployed to a foreign country, two additional statements are required. The second statement is incorrectly entered. Therefore, his DD Form 214 should be corrected to show the two additional statements as indicated below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X __ ____X___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 4a/4b of his 28 December 2010 DD Form 214 the entry of MAJ/04; b. showing the entry of SPC/E-4 in item 4a/4b of his 28 December 2010 DD Form 214; c. adding to item 13 of his 28 December 2010 DD Form 214 the Purple Heart; d. deleting from item 18 of his DD Form 214 the entry “MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE”; and d. adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20090909-20100524" and "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing his rank as CPL. _______ _ 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) AR20110014964 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110014964 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1