RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 February 2008
DOCKET NUMBER: AR20070013825
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Ms. Rose M. Lys
Member
Mr. Qawiy A. Sabree
Member
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 award of the Combat Action Badge and correction of his records to show award of the Legion of Merit and the Bronze Star Medal
(1st Oak Leaf Cluster).
2. The applicant states, in effect, that the awards were left off his DD Form 214 (Certificate of Release or Discharge from Active Duty) due to an administrative oversight.
3. The applicant provides the following additional documentary evidence in support of his application:
a. DD Form 214, dated 28 February 2007;
b. DA Form 638 (Recommendation for Award) and Certificate, dated 18Â January 2007, awarding him the Legion of Merit;
c. DA Form 638 and Certificate, dated 19 April 2007, awarding him the Bronze Star Medal; and
d. Certificate, dated 7 April 2004, awarding him the Bronze Star Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant requests retroactive award of the Combat Action Badge; however, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) to show entitlement to this award. In the absence of authority for this award, he may request retroactive award of the Combat Action Badge through the Commanding General, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471. This award may be requested by letter and must contain the following:
a. Assignment, attachment or operational control orders;
b. A copy of the Soldier's Officer Record Brief;
c. A copy of the chain of command endorsement;
d. A one-page narrative description of the qualifying incident;
e. A certified copy of the DD Form 214; and
f. Any other supporting documentation.
2. The applicant is required to exhaust all administrative remedies; accordingly, there will be no further discussion of this issue in this Record of Proceedings.
3. The applicant is a retired lieutenant colonel (LTC)/O-5 who was commissioned in the U.S. Army Reserve (USAR) through the Reserve Officer's Training Corps (ROTC) on 28 May 1986, as an Infantry officer. He held various key command and staff positions leading Soldiers worldwide until he retired on 28 February 2007.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Bronze Star Medal, the Defense Meritorious Service Medal, the Meritorious Service Medal, the Army Commendation Medal (2nd Award), the Army Achievement Medal (5th Award), the National Defense Service Medal (2nd Award), the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary and Service Medals, the Kosovo Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon (5th Award), the Expert Infantryman Badge, the Ranger Tab, the Pathfinder Badge, the Senior Parachutist Badge, and the Air Assault Badge. Item 13 does not show award of the Legion of Merit or a second award of the Bronze Star Medal.
5. Headquarters, Human Resources Command, Alexandria, Virginia, Permanent Orders Number 018-31, dated 18 January 2007; show that the applicant was awarded the Legion of Merit for meritorious service while serving in positions of increasing responsibility during the period 1 April 1997 to 31 March 2007.
6. Headquarters, Human Resources Command, Alexandria, Virginia, Permanent Orders Number 109-57, dated 19 April 2007; show that the applicant was awarded the Bronze Star Medal for meritorious service while serving in Operations, Operating Base-Afghanistan during the period 28 April 2006 to
1 October 2006.
7. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
8. Section VIII (Awards and Decorations) of the applicant's Officer Record Brief (ORB), dated 2 November 2006, shows that he was awarded the Joint Meritorious Unit Award (JMUA).
9. Army Regulation 600-8-22 states, in pertinent part, that the Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. Permanent Orders show the applicant was awarded the Legion of Merit for meritorious service for the period 1 April 1997 to 31 March 2007 prior to retirement. Therefore, he is entitled to correction of his records to show this award.
2. Permanent Orders show the applicant was awarded a second Bronze Star Medal for meritorious service for the period 28 April to 1 October 2006 for service in Afghanistan. Therefore, he is entitled to correction of his records to show the Bronze Star Medal with (1st Oak Leaf Cluster).
3. Evidence of record shows that the applicant was also awarded the Joint Meritorious Unit Award that is not shown in his records. Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
__wdp___ __rml___ __qas___ 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 the Army records of the individual concerned be corrected by showing award of the Legion of Merit, the Bronze Star Medal (1st Oak Leaf Cluster), and the Joint Meritorious Unit Award.
William D. Powers
______________________
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070017917
The applicant's military records show that he was honorably released from the North Carolina Army National Guard on 30 September 1996 after culminating a military career spanning over 32 years, which included early service in the Regular Army, and his attainment of the rank of major general. Therefore, it would be appropriate at this time to correct his military records to show the award of the Defense Superior Service Medal. As a result, the Board recommends that the State Army National...
ARMY | BCMR | CY2009 | 20090008442
Army Regulation 600-8-22 (Military Awards) states that award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Iraq Campaign Medal with four bronze service stars. b. adding...
ARMY | BCMR | CY2006 | 20060010557
The applicant requests correction of his records to show award of the Afghanistan Campaign Medal and the Bronze Star Medal. The applicant states that the paperwork for award of the Afghanistan Campaign Medal and the Bronze Star Medal were not available at the time of his release from active duty. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).
ARMY | BCMR | CY2008 | 20080015476
IN THE CASE OF: BOARD DATE: 8 January 2009 DOCKET NUMBER: AR20080015476 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was separated in the rank of captain and to include his award of the Army Commendation Medal and a second Army Achievement Medal. Army Regulation 635-5 (Separation Documents) states that the rank and pay grade at time of separation from active duty is...
ARMY | BCMR | CY2009 | 20090002742
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the Army Commendation Medal (ARCOM) with 3rd Oak Leaf Cluster with "V" Device; to document his deployed service in Iraq; to amend the dates of his service in Afghanistan to read 15 April 2005 through 14 April 2006; and to document his completion of the basic airborne, 13F (Fire Support Specialist), and Joint Fires Observers courses. He also claims that two...
ARMY | BCMR | CY2006 | 20060001076C070205
This document shows, in pertinent part, that the applicant was awarded the Legion of Merit (1st Oak Leaf Cluster) for exceptionally meritorious conduct in the performance of outstanding service for the period April 1972 to February 1973. The evidence of record also shows that the applicant was awarded a second award of the Legion of Merit (i.e., Legion of Merit (1st Oak Leaf Cluster)) for exceptionally meritorious conduct in the performance of outstanding service for the period April 1972...
ARMY | BCMR | CY2010 | 20100016035
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, Bronze Star Medal, Navy Unit Commendation, and his completion of the Warrior Leader Course. The applicant provides copies of: * a U.S. Army Human Resources Command (HRC), Alexandria, VA, memorandum, subject: Army Concurrence for the 1st Marine Expeditionary...
ARMY | BCMR | CY2008 | 20080018402
Item 12f (Foreign Service) of the DD Form 214 he was issued at the time of his separation shows he completed 11 months and 6 days of foreign service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Afghanistan Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Overseas Service...
ARMY | BCMR | CY2009 | 20090017797
This provision of law also allows the Army Board for Correction of Military Records (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. The applicant requests two Army Commendation Medals, two Army Achievement Medals, the Combat Infantryman Badge and Certificates of Achievement be added to his DD Form 214. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2007 | 20070011885
The applicant requests correction of Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: a. Meritorious Service Medal (2nd Oak Leaf Cluster) instead of Meritorious Service Medal (2nd Award); b. The applicantÂ’s records show that he was awarded three awards of the Meritorious Service Medal, seven awards of the Army Commendation Medal, seven awards of the Army...