IN THE CASE OF:	  

		BOARD DATE:	        09 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080009695 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he was awarded the Combat Action Badge and the Army Commendation Medal with “V” device.  He also requests that his DD Form 214 be corrected to show that he is permanently retired.

2.  The applicant states that he received his orders awarding him the Combat Action Badge and the Army Commendation Medal with “V” device after his DD Form 214 was issued.

3.  The applicant provides a copy of his DD Form 214; Orders 06-061-00077, dated 2 March 2006; Recommendation for Award of the Army Commendation Medal with “V” device, Permanent Orders 260-4, dated 16 September 2004; a copy of the citation and certificate awarding him the Army Commendation Medal for valor; a copy of his Certificate of Retirement, dated 24 April 2008; a memorandum addressed to him from the Chief, Operations Divisions, United States Army Physical Disability Agency, dated 23 April 2008; and a copy of Orders D114-05, dated 23 April 2008, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 17 January 1997, the applicant enlisted in the United States Army Reserve (USAR) in St. Louis, Missouri, for 8 years in the pay grade of E-1.

2.  The applicant was ordered to active duty for training effective 2 June 1998 and he successfully completed his training as a motor transport operator.

3.  He was released from active duty (REFRAD) on 31 July 1998 upon completion of his required active service and was transferred to the USAR to complete his Reserve obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.

4.  On 7 December 2003, the applicant was ordered to active duty in support of Operation Iraqi Freedom and his records show that he served in Iraq from 17 February 2004 through 12 April 2004.

5.  On 28 October 2004, the applicant was retired by reason of physical disability and he was placed on the Temporary Disability Retired List (TDRL).

6.  The DD Form 214 that the applicant was furnished at the time of his retirement shows that he was awarded the Purple Heart, the Army Reserve Components Achievement Medal (Second Award), the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with “M” Device, and the Army Service Ribbon.  However, the Marksman Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Grenade Bar were not included on the DD Form 214 for this period of active service.

7.  The applicant submits in support of his application, Orders 06-061-00077, dated 2 March 2006, which show that he was awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 9 April 2004.

8.  The applicant also submits a copy of Permanent Orders 260-4, dated 16 September 2004, awarding him the Army Commendation Medal with “V” Device for exceptionally meritorious achievement while assigned as gun truck driver during Operation Iraqi Freedom.  The orders show that he distinguished himself for bravery under fire during an ambush on a re-supply mission to Baghdad International Airport on 9 April 2004. 

9.  On 23 April 2008, the applicant was removed from the TDRL and he was permanently retired by reason of physical disability effective 24 April 2008.

10.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.  A DD Form 214 will not be prepared upon removal from the TDRL.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s DD Form 214 which resulted in the Marksman Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Grenade Bar being omitted from the applicant’s final DD Form 214.

2.  Both of these awards are reflected on his DD Form 214 for the period ending 31 July 1998; therefore, he is entitled to have these awards included on his DD Form 214  for the period ending 28 October 2004.

3.  He was awarded the Army Commendation Medal with “V” device based on Permanent Orders 260-4, dated 16 September 2004, and the Combat Action Badge based on Orders 06-061-00077, dated 2 March 2006.  Therefore his DD Form 214 should be corrected to reflect these awards.

4.  However, the applicant is not entitled to have his DD Form 214 amended to reflect that he was permanently retired.  In accordance with the applicable regulation, his DD Form 214 was prepared to reflect his service as it existed at the time of his REFRAD.  At the time of his REFRAD, he was temporarily retired. He was not permanently retired until 24 April 2008.  Therefore, his DD Form 214  properly reflects his status at the time of his separation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 amending his DD Form 214 for the period ending 28 October 2004 to show that he was awarded the Army Commendation Medal with “V” device, the Combat Action Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar and Grenade Bar.

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 amending his DD Form 214 to show that he is permanently retired.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080009695



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ABCMR Record of Proceedings (cont)                                         AR20080009695



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