IN THE CASE OF: BOARD DATE: 30 August 2022 DOCKET NUMBER: AR20210015631 APPLICANT REQUESTS: * Correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his rank/pay grade from Specialist (SPC)/E-4 to Sergeant (SGT)/E-5 * Award of the Purple Heart * A personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * ACTS Application Summary, dated 14 October 2021 * DD Form 149 (Application for Correction of Military Record), dated 15 June 2021 * Permanent Orders 339-8 issued by Headquarters, 2nd Heavy Brigade Combat Team, dated 9 July 2009 * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 27 August 2013 * Order D-004-18 issued by U.S. Army Physical Disability Agency (USAPDA), dated 4 January 2016 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to show award of the Purple Heart without Board action. 3. The applicant states that the last rank he held was SGT and his retirement orders show his rank as SGT. He had punitive actions but was sent to the Board and promoted prior to his retirement. He was awarded the Purple Heart while serving in Iraq. He entered several inpatient programs for his posttraumatic stress disorder (PTSD). 4. The applicant’s service record shows: a. On 22 September 2005, the applicant enlisted in the Regular Army. He held military occupational specialty 91G (Fire Control Repairer). b. The Enlisted Record Brief shows in: (1) Section 1 (Assignment Information) – Service in Korea from 4 June 2006 to 1 June 2007. Service in Iraq from 10 October 2008 to 28 September 2009. Service in Afghanistan from 3 March 2012 to 26 August 2012. (2) Section III (Service Data) – * Private/E-2 – 23 September 2005 * Private First Class/E-3 – 23 September 2006 * SPC – 1 November 2007 * SGT – 1 March 2010 (3) Section VIII (Awards and Decorations) – * Army Commendation Medal * Army Achievement Medal with Fourth Oak Leaf Cluster * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Afghanistan Campaign Medal * Iraq Campaign Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon with Numeral 2 * North Atlantic Treaty Organization (NATO) Medal * Combat Action Badge * Driver and Mechanic Badge c. On 15 November 2007, the applicant reenlisted in the Regular Army. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows the applicant enlisted for 6 years in the pay grade SPC/E-4. d. Permanent Orders 339-8 issued by Headquarters, 2nd Heavy Brigade Combat Team, dated 9 July 2009, awarded him the Purple Heart for wounds received as a result of hostile action on 14 June 2009. He was listed as SGT/ E-5. e. Orders DR-023-0070 issued by U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, 23 January 2012, deployed the applicant in support of Operation Enduring Freedom effective 6 March 2012 not to exceed 365 days. The applicant was listed as SGT/E-5. f. Orders A-08-215435 issued by Landstuhl Regional Medical Center, 27 August 2012, medically evacuated the applicant to the Warrior Transition Company, Fort Drum, NY for continued medical care from 27 August 2012 to 16 September 2012. The applicant was listed as SPC/E-4. g. DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), 17 September 2012, initiated a flag for adverse actions. The applicant was listed as SGT/E-5. h. Orders DR-023-0070(A3) issued by U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, 2 October 2012, amended Orders DR-023-0070 dated 23 January 2012, to change the days out from 365 days to 275 days. The applicant was listed as SGT/E-5. i. On 17 January 2013, the applicant accepted non-judicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ). On or about 4 July 2012, at or near Khiliguy, Afghanistan, the applicant failed to obey a lawful general order by wrongfully chambering a round in a Hungarian P9RC pistol and discharging the weapon in the living quarters at 514th Support Maintenance Company, 378th Sustainment Support Battalion. His punishment consisted of a reduction from SGT/E-5 to SPC/E-4. He did not appeal his punishment. j. DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 15 July 2013, showing the applicant was found physically unfit for PTSD. The PEB recommended placement on the Temporary Disability Retirement List (TDRL) at 70%. The applicant concurred with the findings and waived a formal hearing. The applicant was listed as SGT/E-5. k. Orders 231-1002 issued by U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, dated 27 August 2013, placed the applicant on the TDRL at 70 percent on 28 August 2013 in the rank of SPC//E-4. l. DD Form 214, ending on 27 August 2013, retired the applicant. * Block 4a (Grade, Rate or Rank) – SPC. * Block 4b (Pay Grade) – E-4. * Block 12c (Net Active Service This Period) – 7 years, 11 months, and 5 days. * Block 12f (Foreign Service) – 2 years, 5 months, and 11 days. * Block 12i (Effective Date of Pay Grade) – 17 January 2013. * Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Achievement Medal with Fourth Oak Leaf Cluster * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Afghanistan Campaign Medal with two bronze service stars * Global War on Terrorism Service Medal * Korea Defense Service Medal * Iraq Campaign Medal with one bronze service star * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon with Numeral 3 * NATO Medal * Combat Action Badge * Driver and Mechanic Badge – M Bar * Marksman Marksmanship Qualification Badge with Rifle * Block 18 (Remarks) - Retired List Grade SPC * Block 28 (Narrative Reason for Separation) – Disability, Temporary (Enhanced). m. DA Form 199, dated 20 November 2015, showing the applicant was found physically unfit for PTSD. The PEB recommended permanent disability retirement at 50 percent. The applicant concurred with the findings and waived a formal hearing. The applicant was listed as SGT/E-5. n. Order D-004-18 issued by USAPDA, dated 4 January 2016, removed the applicant from the TDRL and he was permanently retired at 50 percent. He was listed as SGT/E-5. 5. There is no evidence he was promoted back to SGT/E-5 between teh date he was reduced by NJP and the date he retired due to disability. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. The Board agreed that prior to closing the case, the Board did note the analyst of record administrative notes as far as the Purple Heart, and recommended the correction is completed to more accurately depict the military service of the applicant. 3. The Board further noted that the applicant accepted NJP under the provisions of Article 15, for failing to obey a lawful general order by wrongfully chambering a round in a Hungarian P9RC pistol and discharging the weapon in the living quarters at 514th Support Maintenance Company, 378th Sustainment Support Battalion. His punishment consisted of a reduction from SGT/E-5 to SPC/E-4. He did not appeal his punishment. There is no evidence he was promoted back to SGT/E-5 between the date he was reduced and the date he was separated. Based on a preponderance of evidence, the Board determined that the grade the applicant received upon separation was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214, for the period ending 4 January 2016, to show award of the Purple Heart. 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * Enlisted Record Brief * DD Form 214 * Permanent Orders 339-8 issued by Headquarters, 2nd Heavy Brigade Combat Team, dated 9 July 2009 * Army Regulation 600-8-22 3. Please correct the applicant’s DD Form 214 by adding the decoration shown in paragraph 1 above and provide the applicant a copy of the corrections. Please ensure that the corrections are recorded in the applicant’s official military personnel record. REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. AR 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 4. AR 22-15 (Military Justice, Nonjudicial Punishment), Section IV (Punishments) states: a. Paragraph 8e(5) states that whenever a person is reduced in pay grade us a result of any action under Article 15, the date of rank in the grade to which reduced is the date the punishment of reduction was imposed. If the reduction is set aside, is suspended either at or after the time the punishment was imposed, or is mitigated to forfeiture or detention of pay, the date of rank in the grade held before the imposition of the punishment remains unchanged. b. Paragraph 10 states that the punishments of reduction, forfeiture of pay, and detention of pay, if unsuspended, take effect on the date the commanding officer imposes the punishments. The date of imposition of nonjudicial punishment, if the proceedings are conducted in writing, is the date in Section III of DA Form 2627-1 (Summarized Record of Proceedings under Article 15, UCMJ) is signed by the officer who imposed the punishment, and, if oral proceedings are held, the date of imposition of punishment as recorded in DA Form 2627 (Record of Proceedings under Article 15, UCMJ). Other punishments, if unsuspended, will take effect and be carried into execution on the date the commanding officer imposes the punishment unless otherwise prescribed by that officer or by superior authority. If the member to be punished is then undergoing any of the punishments involving deprivation of liberty and the commanding officer wishes to impose that kind of punishment, he may prescribe that the punishment which he imposes will begin to run on a date subsequent to the termination of the first punishment. The punishment of reduction, unsuspended, becomes executed at the time it is imposed. 5. Army Regulation 635-8 (Separation Processing and Documents) provides the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains the specific instructions for the preparation of the DD Form 214. These instructions stated for: a. Block 4 – Verify that the active duty grade or rank and pay grade are accurate at time of separation. b. Block 12i – From the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current pay grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015631 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1