IN THE CASE OF: . BOARD DATE: 13 November 2008 DOCKET NUMBER: AR20080013992 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, in effect, that his separation document (DD Form 214) be corrected by adding the 2nd Award of the Army Commendation Medal (ARCOM) with “V” (Valor) Device and 3rd Award of the Army Reserve Component Achievement Medal (ARCAM) to Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized); and by correcting the amount of disability severance pay listed in Item 18 (Remarks). 2. The applicant states, in effect, that the awards in question took an extraordinary amount of time to be processed and should have been on his DD Form 214. He also states that he should have received more severance pay, but was unaware that he was on a promotion list in his Army National Guard (ARNG) unit. He contends that his DD Form 214 should have reflected his promotion rank of staff sergeant (SSG) due to the fact that if it were not for the disability, he would have been promoted to that rank. 3. The applicant provides a SSG promotion list, ARCAM award memorandum, ARCOM with “V” Device certificates, and DD Form 214 in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant’s record shows that while serving as a member of the Arkansas ARNG, he served on active duty from 12 October 2003 through 17 April 2005, and again from 5 June 2005 through 20 September 2007. 2. The applicant’s Official Military Personnel File (OMPF) contains an award recommendation (DA Form 638), dated 10 May 2004, which shows the applicant was recommended for the ARCOM with “V” Device, for his actions in Iraq on 10 May 2004. The award was downgraded to an ARCOM by the award approval authority on 17 December 2004, and the award of the ARCOM was announced in 39th Brigade Combat Team (BCT) Orders Number 34-178 on 5 February 2005. 3. The applicant’s OMPF also contains a DA Form 638, dated 15 August 2004, which recommended the applicant for the ARCOM with “V” Device for his actions in Iraq on 15 August 2004. The award approval authority approved this award on 15 November 2004, and the award was announced in 39th BCT Orders 021-15 on 21 January 2005. In addition, the OMPF contains an ARCOM certificate, dated 5 October 2007, which shows the applicant was awarded the ARCOM with “V” Device for his heroic achievement in Iraq on 14 November 2004. It also confirms this award was authorized and announced in United States Army Human Resources Command Permanent Order 278-45. 4. The applicant’s OMPF contains orders confirming the applicant was promoted to SGT on 22 November 2004. The OMPF is void of any other orders or other documents that indicate the applicant was ever promoted to SSG by proper authority, or that he was on a promotion standing list for SSG as of the date of his discharge. 5. The applicant’s OMPF also contains an Office of The Adjutant General (OTAG), Military Department of Arkansas, memorandum, subject: Award of the Army Reserve Component Achievement Medal, dated 21 August 2007, which confirms the applicant met the requirements for and was awarded three awards of the ARCAM for the following periods of qualifying service: 2 October 1997- 1 October 2000; 2 October 2000-1 October 2003; and 2 October 2003-1 October 2006. 6. On 20 September 2007, the applicant was honorably discharged, in the rank of sergeant (SGT), by reason of physical disability with severance pay. The DD Form 214 he was issued confirms he held the rank of SGT on the date of his discharge. It also shows that he completed a total of 4 years, 1 month, and 29 days of active military service, and 5 years, 9 months, and 20 days of prior inactive military service. 7. Item 13 of the DD Form 214 the applicant was issued on 20 September 2007 shows he earned the following awards: ARCOM with “V” Device; ARCOM; Joint Meritorious Unit Award (JMUA); Army Good Conduct Medal (AGCM); National Defense Service Medal (NDSM); Global War on Terrorism Expeditionary Medal (GWOTEM); Global War on Terrorism Service Medal (GWOTSM); Iraq Campaign Medal (ICM); Army Service Ribbon (ASR); Overseas Service Ribbon (OSR); Armed Forces Reserve Medal (AFRM) with “M” (Mobilization) Device; Combat Infantryman Badge (CIB); and Driver and Mechanic Badge with Driver Bar-Wheel Vehicle Clasp. Item 18 contains an entry showing he received $24,837.00 in severance pay based on his rank and years of service. 8. The applicant provides an Arkansas OTAG memorandum, dated 3 April 2006, which identifies a list of Soldiers, which included the applicant, who had been selected for promotion to SSG by a promotion selection board conducted on 2 April 2006. The memorandum stipulates that the promotion list was valid for 1 year, or until it was superseded by the next SSG selection board. 9. Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy. Paragraph 3-17 contains guidance on award of the ARCOM. It states, in pertinent part, that it is awarded for meritorious service, achievement, or heroism. A “V” Device is worn with the ARCOM to denote acts of heroism, only one “V” is authorized for wear with awarded to denote an award for heroism. In the case of multiple "V" devices for the same award, only one "V" device is worn on the service ribbons. The regulations stipulates that an Oak Leaf Cluster is awarded to denote a second and subsequent awards of the ARCOM. 10. Chapter 4, Section III contains guidance on award of the ARCAM. It states, in pertinent part, that it is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard (ARNG) or USAR troop program unit (TPU) or as an individual mobilization augmentee (IMA) during a qualifying period. The normal qualifying period is 3 years of qualified service completed on or after 28 March 1995. The regulation stipulates that an Oak Leaf Cluster is awarded to denote a second and subsequent awards of the ARCAM. 11. Title 10 of the United States Code, Section 1212 provides guidance on disability severance pay. It states, in pertinent part, that members separated by reason of disability are entitled to severance pay computed by multiplying years of service by either twice the amount of monthly basic pay to which entitled if serving on active duty on the date when he is separated and in the grade and rank in which he was serving on the date separated or twice the amount of monthly basic pay to which entitled if serving on active duty on the date separated, and in the permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is separated and which was found to exist as a result of a physical examination. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that the ARCAM 2nd Oak Leaf Cluster (3rd Award) should be added to the list of awards contained in Item 13 of his separation document was carefully considered and found to have merit. The evidence of record confirms the applicant qualified for and was awarded three awards of the ARCAM for periods prior to his receipt of his final DD Form 214, as evidenced by the 21 August 2007 Arkansas OTAG memorandum on file in his OMPF. As a result, it would be appropriate to add the ARCAM 2nd Oak Leaf Cluster (3rd Award) to Item 13 of his 20 September 2007 DD Form 214 at this time. 2. The applicant’s contention that Item 13 of his separation document does not properly document his ARCOM awards was also carefully considered and found to have merit. The evidence of record confirms the applicant was awarded two separate awards of the ARCOM with “V” Device, for actions in Iraq on 15 August 2004 and on 14 November 2004, and that he was awarded the ARCOM for achievement on 10 May 2004, as evidenced by DA Forms 638 and ARCOM certificates on file in his OMPF. Therefore, it would be appropriate to delete the current ARCOM entries in Item 13 of his 20 September 2007 DD Form 214 and to replace them with the entry “ARCOM 2nd Oak Leaf Cluster with “V” Device (3rd Award).” 3. The applicant’s contention that he should have received disability severance pay based on the grade of SSG was also carefully considered. However, there is insufficient evidence to support this claim. The applicant’s OMPF is void of any orders or other documents that show he was ever promoted to SSG by proper authority, or that confirm he was promotable to SSG on the date of his discharge. Although he provides a memorandum indicating he was selected for promotion to SSG on 2 April 2006, this document confirms the promotion list in question was valid for only one year, or until it was superseded by a later SSG promotion list. As a result, given there is no evidence the applicant was promoted prior to the expiration of the promotion list in question, or that he was on a valid promotion standing list at the time of his discharge, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 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 amending Item 13 of his 20 September 2007 DD Form 214 by adding the “Army Reserve Component Achievement Medal 2nd Oak Leaf Cluster (3rd Award)” and by deleting the current Army Commendation Medal entries and replacing them with the entry “Army Commendation Medal 2nd Oak Leaf Cluster with “V” Device (3rd Award)”; and by providing him a correction to his separation document that includes these changes. 2. The Board further determined that the evidence presented is 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 a change to the grade upon which disability severance pay was computed or to the amount of disability severance pay authorized. _______ 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) AR20080013992 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080013992 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1