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ARMY | BCMR | CY2008 | 20080005360
Original file (20080005360.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080005360 


	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 that the DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) be removed from his Official Military Personnel File (OMPF).

2.  The applicant states that the DD Form 215 deletes the Army Commendation Medal from his DD Form 214 for the period ending 16 August 2003.  He has the Army Commendation Medal orders.  He believes the error was caused by the fact that the award was not listed on his National Guard Bureau (NGB) Form       22 (Report of Separation and Record of Service).

3.  The applicant provides his DD Form 214 for the period ending 16 August 2003; his NGB Form 22 for the period ending 18 September 2003; a DA Form 638 (Recommendation for Award); and an email, dated 26 March 2008.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant enlisted in the Army National Guard on 24 May 2001.  He was ordered to active duty and entered active duty on 30 November 2002.  

2.  Headquarters, U. S. Army Forces, U. S. Central Command – Saudi Arabia Orders 179-05, dated 28 June 2003, awarded the applicant the Army Commendation Medal.

3.  The applicant was released from active duty on 16 August 2003.  Item          13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded    or Authorized) of his DD Form 214 for the period ending 16 August 2003 shows he was awarded one award of the Army Commendation Medal.  Also, item 12e (Total Prior Inactive Service) shows he completed 2 years, 10 months, and       28 days of total prior inactive service.

4.  On 18 September 2003, the applicant was honorably discharged from the Army National Guard and as a Reserve of the Army.  His NGB Form 22 for the period ending 18 September 2003 does not show he was awarded the Army Commendation Medal.

5.  On 28 January 2004, a DD Form 215 was issued to amend item 12e of the applicant’s DD Form 214 for the period ending 16 August 2003 to read “0003 02 15” (3 years, 2 months, and 15 days) and to amend item 13 to delete the Army Commendation Medal.

6.  The applicant enlisted in the Regular Army on 2 July 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided orders that show he was awarded the Army Commendation Medal prior to being released from active duty on 16 August 2003.  Those orders are accepted as sufficient evidence to show that the DD Form 215 erroneously deleted the Army Commendation Medal from his DD Form 214 for the period ending 16 August 2003.

2.  The DD Form 215 should be voided.  A DD Form 215 should then be reissued to show only the correction in item 12e.  The original DD Form 215 should then be removed from his OMPF.

BOARD VOTE:

__xxx___  __xxx ___  __xxx ___  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:

     a.  voiding his DD Form 215, dated 28 January 2004, and removing it from his OMPF; and

      b.  issuing a new DD Form 215 to correct item 12e of his DD Form 214 for the period ending 16 August 2003 read “0003 02 15” and filing this new DD Form 215 in his OMPF.




      __             xxx_           _
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080005360


3


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




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