IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100025420 


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 he was released from active duty (REFRAD) in pay grade E-4.  He also requests award of the Combat Action Badge.

2.  The applicant states pay grade E-4 and the Combat Action Badge are not shown on his DD Form 214.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant requested award of the Combat Action Badge.  The Army Board for Correction of Military Records (ABCMR) operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  

2.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  This request must be on a DA Form 4187 (Personnel Action) if the applicant is currently on active duty or in an active status.  If the applicant is not on active duty or in an active status, he may request this award by letter.  All requests must contain:
* assignment, attachment, or operational control orders
* a copy of his Enlisted Record Brief (ERB)
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation

3.  Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time.  This does not mean the applicant has been denied by the ABCMR or that he may not file again.  Should his case not be satisfactorily resolved and he still feels an error or injustice exists, he may submit his application with evidence of the U.S. Army Human Resources Command's denial of his request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

4.  The applicant enlisted in the Regular Army on 21 July 2005, in pay grade E-1. He completed training as a food service specialist.  He was advanced to pay grade E-2 on 12 July 2008 and to E-3 on 1 December 2008.

5.  On 7 September 2009, the applicant was honorably REFRAD and he was transferred to Headquarters and Support Company, 90th Aviation Support Battalion, a U.S. Army Reserve (USAR) unit in Texas.  The DD Form 214 he was issued at the time of his REFRAD shows he served in Iraq from 23 February 2006 through 27 October 2006 and from 9 April 2008 through 23 May 2009.  His DD Form 214 also shows his rank/grade as private first class (PFC)/E-3 with an effective date of pay grade as 1 December 2008.

6.  The applicant's Official Military Personnel File maintained on the interactive Personnel Electronic Management System (iPERMS) does not contain any evidence and the applicant did not provide any evidence that shows he was advanced to the pay grade of E-4 prior to his REFRAD.

7.  Army Regulation 635-5 (Separation Document) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.  It states for item 4a (Grade, Rate, or Rank) and b (Pay Grade), enter the active duty grade or rank and pay grade at the time of separation from the ERB.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record, nor has the applicant submitted any evidence, showing that he was advanced to pay grade E-4 prior to his REFRAD.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

2.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20100025420



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ABCMR Record of Proceedings (cont)                                         AR20100025420



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