RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 MAY 2008
	DOCKET NUMBER:  AR20070014186 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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, in effect, that Item 9 (Command to Which Transferred) and Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her separation document (DD Form 214) be corrected.  She also requests correction to her Officer Record Brief (ORB) to show that she served 12 months in the Republic of Korea instead of 7 months.

2.  The applicant states that she received the Army Commendation Medal on  
12 September 2007, but it was not recorded on her DD Form 214.  The award was not received until after her final out-processing from the Army.  She also would like Item 9 of the DD Form 214 to be corrected to show the 1207th U.S. Army Hospital, Building 15, 1670, Upton Ave., Fort Benning, Georgia.  She states she had joined the Army Reserve after her final out-processing, so the information was not known at the time the DD Form 214 was prepared.

3.  She states, in effect, that Section I (Assignment Information, Overseas/Deployment/Combat duty) and Section IX (Assignment Information, Date of Last PCS) of her ORB does not match, because she served 12 months instead of 7 months in the Republic of Korea.

4.  The applicant provides a copy of her DD Form 214, ORB, Certificate of Award for the Army Commendation Medal, DA Form 638 (Recommendation for Award), Officer Evaluation Report (OER), and Headquarters Fort McPherson Orders Number 183-0001 dated 2 July 2007 with amendment Orders Number  
275-0009 dated 2 October 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows she was appointed as a Reserve Commissioned officer of the Army in the rank as second lieutenant, on 17 February 1995.  She was promoted to the rank of captain and entered active duty on 6 June 1999.  She served continuously in various assignments until she was promoted to the rank of major, on 6 June 2005.

2.  Her OER shows that while she was assigned to Company D, 168th Medical Battalion, APO AP 96218, in South Korea, she received an annual report for the period 9 September 2005 through 8 September 2006.  She was honorably discharged from active duty on 1 October 2007.  She completed 8 years, 
3 months, and 26 days of Net Active Service This Period.

3.  Item 9 of her DD Form 214 shows the entry "N/A."  
4.  Item 13 of her DD Form 214 shows the awards of the Bronze Star Medal, Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korean Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), and the Combat Medical Badge.  However, it does not show the award of the Army Commendation Medal with second Oak Leaf Cluster.

5.  Headquarters Fort McPherson, Orders Number 275-0009 dated 2 October 2007 shows the applicant's separation orders were amended to add "1207th USA HOSP (W8KRAA) BLDG 15, 6730 UPTON AVE FORT BENNING, GA 31905-4419." 

6.  U.S. Army Human Resources Command Orders Number C-03-804851 dated 14 March 2008 shows the applicant was appointed in the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri, effective on 26 November 2007. 

7.  The DA Form 638 Recommendation for Award shows the applicant was awarded the Army Commendation Medal with second Oak Leaf Cluster by Lawrence Joel Army Health Clinic, Permanent Orders Number 255-01 dated  
12 September 2007.

8.  Section I of the ORB shows that the applicant was credited with a 12 month completed tour in the Republic of Korea.  However, Section IX of her ORB shows 7 months.  

9.  Section VIII (Awards and Decorations) of the ORB shows the entry "ARCOM-2."  However, the applicant was awarded the Army Commendation Medal with second Oak Leaf Cluster, which denotes the award of three Army Commendation Medals (ARCOM-3). 

10.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations.

11.  Army Regulation 15-185 governs the operations of the ABCMR.  Paragraph 2-5 of this regulation states that the ABCMR will not consider an application until an applicant has exhausted all administrative remedies to correct the alleged error or injustice.

12.  Correction to the ORB is accomplished through a computer transaction generated through the appropriate unit administrative office, such as the Battalion S1.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Item 9 and Item 13 of her DD Form 214 should be corrected.  She also requests correction to her ORB to show that she served 12 months in the Republic of Korea instead of 7 months.

2.  Headquarters Fort McPherson Orders Number 275-0009 dated 2 October 2007 shows that the applicant's separation orders were amended to add the entry 1207th USA Hosp (W8KRAA) Bldg 15, 6730 Upton Ave Fort Benning, Georgia 31905-4419.  Therefore, she is entitled to correction of her records to show this entry in Item 9 of her DD Form 214 1207th USA Hosp (W8KRAA) Bldg 15, 6730 Upton Ave Fort Benning, Georgia 31905-4419.

3.  The DA Form 638 Recommendation for Award shows the applicant was awarded the Army Commendation Medal with second Oak Leaf Cluster.  Therefore, she is entitled to correction of her records to show this award in Item 13 of her DD Form 214.

4.  The applicant has not exhausted all her administrative remedies to correct her ORB.  Correction to her ORB is the responsibility of applicant's unit Battalion S1.

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 showing in Item 9 of the applicant's DD Form 214 the entry 1207th USA Hosp (W8KRAA) Bldg 15, 6730 Upton Ave Fort Benning, Georgia 31905-4419 and in Item 13, the Army Commendation Medal with second Oak Leaf Cluster.

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 the applicant's ORB.  




      __________X____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070014186



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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