RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080000704 


	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.










      The following members, a quorum, were present:













	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 12f (Foreign Service), Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), and Item 18 (Remarks) of his separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that his separation document does not show the foreign service he completed in Item 12f, and that Item 13 fails to show he received more than three awards of the Army Achievement Medals (AAM).  He also states that Item 18 incorrectly shows he received the United States Flag when in fact he has not. 

3.  The applicant provides a copy of his DD Form 214 and Dakota County Veterans Services Letter, dated 10 December 2007, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows that he enlisted in the Regular Army (RA) and entered active duty on 19 March 2002.  He completed basic combat training at Fort Jackson South Carolina, and advanced individual training (AIT) 
at Fort Gordon, Georgia.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 31F (Network Switching Systems Operator/Maintainer).

2.  On 6 July 2007, the applicant was honorably retired from active duty by reason of permanent disability, after completing a total of 5 years, 3 months, and 18 days active military service.  The DD Form 214 he received at that time contains the entry “000 00 00” in Item 12f, and Item 13 shows he earned the following awards during his active duty tenure:  Purple Heart; AAM (3rd Award); Army Good Conduct Medal; National Defense Service Medal; Global War on Terrorism Service Medal; Army Service Ribbon; Combat Action Badge; and Parachutist Badge. 

3.  Item 18 includes two separate entries which show “Service in Operation Iraqi Freedom 20041127 -20051109” and “Soldier Has Been Presented with a US Flag.”  The applicant authenticated the DD Form 214 with his signature in
Item 21 (Signature of Member Being Separated) on the date of his release from active duty for retirement.  

4.  The applicant’s Official Military Personnel File (OMPF) does not include any orders, certificates, or recommendations for a fourth award of the AAM.  


5.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates to enter the applicable location dependent on the soldier's status on transition in Item 9.  If REFRAD, release to the ARNG of applicable State or Territory.  Item 12f will contain the total amount of foreign service completed during the period covered by the DD Form 214.  It further indicates that for active duty Soldiers deployed with his or her unit, the following entry will be made in Item 18:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  Item 18 will also contain any additional comments not reflected elsewhere on the separation document.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his separation document should be corrected to show his foreign service completed in Item 12f was carefully considered and found to have merit.  The evidence of record confirms he served in support of Operation Iraqi Freedom from 27 November 2004 to 9 November 2005 
(11 months and 12 days), as evidenced by the entry contained in Item 18 of his separation document.  As a result, Item 12f of his separation document should be corrected to accordingly.  

2.  The applicant's contentions that Item 13 of his DD Form 214 should reflect more than 3 awards of the AAM and that Item 18 incorrectly indicates he was issued a U.S. Flag were also carefully considered.  However, there is insufficient evidence to support granting this portion of the requested relief.  Item 13 of the applicant's separation shows that he received 3 awards of the AAM, and his OMPF is void of any orders or other documents that indicate he was ever recommended for or awarded a 4th or additional award of the AAM by proper authority.  As a result, there is an insufficient evidentiary basis to support adding an additional award of the AAM to Item 13 of the DD Form 214 in question.  


3.  Further, Item 18 of the applicant's DD Form 214 contains an entry indicating he received a U.S. Flag, and the applicant authenticated the DD Form 214 with his signature on the date of his release from active duty for retirement.  In effect, his signature was his verification that the information contained on the DD Form 214, to include the U.S. Flag entry, was correct at the time the separation document was prepared and issued.  Absent any independent evidence to the contrary, there is also insufficient evidence 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 deleting the current entry in Item 12f and replacing it with the entry "0000 11 12"; and by providing him a correction to his separation document that reflects this change.

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 correcting Item 13 and Item 18 of his DD Form 214.  




      _____x              ______
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080000704


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508