RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060013636
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
x
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the Combat Action Badge (CAB) and Meritorious Unit Commendation (MUC) he received be added to the list of awards contained in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 29 May 2004 separation document (DD Form 214).
2. The applicant states, in effect, that he was awarded the CAB and MUC after he was separated and issued his DD Form 214. He now requests that his DD Form 214 be amended to show these awards.
3. The applicant provides the following documents in support of his application:
DD Form 214; Headquarters, 88th Regional Readiness Command, Permanent Orders Number 06-114-00148, dated 29 June 2006; and Military Awards Branch Recently Approved Unit Awards.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he initially enlisted into the Regular Army and entered active duty on 5 September 1980. He continuously served on active duty for a period of 2 years, 11 months, and 25 days until being honorably separated on 29 August 1983.
2. On 30 August 1983, the applicant was transferred to the United States Army Reserve. He has continuously served in that status until being transferred to the Retired Reserve on 3 December 2006.
3. On 28 March 2003, while assigned to the 300th Quartermaster Company, 544th Maintenance Battalion, the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF). He served on active duty from 28 March 2003 through 7 April 2004.
4. The applicant's records also contain Headquarters, 88th Regional Readiness Command, Permanent Orders Number 06-114-00148, dated 29 June 2006. These orders awarded the applicant the CAB for actively engaging or being engaged by enemy fire to liberate Iraq in support of Operation Iraqi Freedom on 29 June 2003.
5. Human Resource Command (HRC), Military Awards Branch maintains a List of Recently Approved Awards. This list confirms the applicant's unit
(300th Quartermaster Company, 544th Maintenance Battalion) was awarded the MUC for the period 29 March 2003 through 31 March 2004.
6. The DD Form 214 issued to the applicant on 29 May 2004, the date of his release from active duty shows, in Item 13 that he earned the following awards: Army Commendation Medal; Army Achievement Medal; National Defense Service Medal; Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Armed Forces Reserve Medal with M (Mobilization) Device; Army Service Ribbon; and Overseas Service Ribbon.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 8 of the awards regulation contains the policy on award of badges and tabs of United States origin. Paragraph 8-8 contains the policy and outlines the eligibility criteria for award of the Combat Action Badge (CAB). It states in pertinent part that award of the CAB was approved on 2 May 2005, to provide recognition to Soldiers who personally engaged; or are engaged by the enemy. It further states that for eligibility for award of the CAB a Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; must be personally present and actively engaging or being engaged by the enemy, and must be performing satisfactorily in accordance with the prescribed rules of engagement; must be assigned or attached to a unit that would qualify the Solider for the Combat Infantryman Badge or Combat Medical Badge. Award of the CAB is authorized from 18 September 2001 to a date to be determined.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for completing the DD Form 214. The instructions for Item 13 are to enter all awards earned during all periods of military service.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that his records should be corrected to show award of the CAB and MUC was carefully considered and found to have merit. The evidence of record confirms the applicant was awarded the CAB for his active engagement with enemy forces on 29 June 2003, and that his unit was awarded the MUC during his tenure of assignment. Therefore, it would be appropriate to add these awards to Item 13 of his separation document.
BOARD VOTE:
___x ___x __x _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 Army records of the individual concerned be corrected by showing that he is entitled to the Combat Action Badge and Meritorious Unit Commendation; and by providing him a correction to his separation document that includes these awards.
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CHAIRPERSON
INDEX
CASE ID
AR20060013636
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2007/03/16
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
2006/12/03
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
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