IN THE CASE OF:	  

		BOARD DATE:	  17 September 2008

		DOCKET NUMBER:  AR20080010934 


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, reconsideration of his request that his separation document (DD Form 214) be corrected to show a second award of the National Defense Service Medal (NDSM) and a second award of the Army Commendation Medal (ARCOM). 

2.  The applicant states, in effect, that he received a second award of both the NDSM and ARCOM prior to any adverse action being taken against him, while he was still assigned to Fort Hood, Texas, and that adverse actions that resulted in his under other than honorable conditions (UOTHC) discharge occurred after his permanent change of station (PCS) move to recruiting duty at Beaumont Recruiting Battalion, Beaumont, Texas.  He indicates that the errors contained on the Recommendation for Award (DA Form 638) for his second ARCOM were likely due to administrative error in using the Form Flow software to prepare the document.  He further claims that he received a second award of the NDSM subsequent to the attacks of 11 September 2001, which was authorized by regulation.  He also indicates that his Official Military Personnel File (OMPF) and Enlisted Records Brief (ERB) clearly document these awards, and the DA Form 638 is the official orders for the second ARCOM, and as a result, it is unjust not to correct his record reflect these earned and previously issued awards.

3.  The applicant provides a self-authored statement in support of his application.


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050013242 on 23 May 2006.

2.  The applicant’s military record show he initially enlisted in the Regular Army and entered active duty on 21 November 1990, and was trained in, awarded, and served in military occupational specialty (MOS) 14R (Vulcan Crewmember).

3.  The applicant's Official Military Personnel File (OMPF) contains an ARCOM Certificate that shows he was awarded the ARCOM, for meritorious service during the period 28 August 1993 to 4 October 1998, and that this award was properly authorized and announced in 10th Mountain Division, Order Number 302-202 on 4 October 1998.

4.  The OMPF contains Headquarters, United States Army Infantry Center, Permanent Orders Number 340-392, dated 6 December 1999, which announced his award of the Parachutist Badge.

5.  On 18 May 1999, the applicant was honorably released from active duty (REFRAD) for the purpose of immediate reenlistment.  The OMPF contains an Enlistment/Reenlistment Document (DD Form 4) which confirms the applicant reenlisted and entered active duty on 19 May 1999, having completed 8 years, 5 months, and 28 days prior active military service.  He continuously served until being honorably discharged on 9 January 2002, for the purpose of immediate reenlistment.

6.  The OMPF contains a DD Form 4 that confirms the applicant reenlisted a fifth time on 10 January 2002.

7.  The applicant previously provided a DA Form 638 (Recommendation for Award) dated 21 January 2001, with his original application to this Board.  This document contains a completely different social security number (SSN) than the applicant’s in Item 6 (SSN); Item 11b (Period of Award/TO) shows that the original typed entry was lined through and replaced with a hand written entry extending the “To” period from 15 April 2002 to 27 September 2002; and 
Item 12 (Reason for Award) contains a typed entry that shows “PCS” and a handwritten entry which shows the word “Korea” lined through.


8.  The DA Form 638 and corresponding ARCOM certificate also show the applicant was awarded, in effect, a “third” [2 OLC] ARCOM for meritorious service from 15 December 1999 through 27 September 2002, by the appropriate award authority, and that it was properly announced in 4th Aviation Brigade, 4th Infantry Division, Fort Hood, Texas, Permanent Order Number 051-03 on 6 February 2002.

9.  The corresponding ARCOM certificate also contains a handwritten lined through entry which shows the period for this “third” award was extended from
15 April 2002 to 27 September 2002.

10.  The OMPF contains 1st Battalion, 44th Air Defense Artillery, 4th Infantry Division, Fort Hood, Texas, Orders 233-002, dated 21 August 2002, which announced the applicant’s fourth award of the Army Good Conduct Medal (AGCM), for his qualifying period of honorable active duty service from 21 November 1999 through 20 November 2002.

11.  The applicant's Personnel Qualification Record (DA Form 2-1), which was prepared on 28 April 2004, includes an entry in Item 9 (Awards, Decorations, and Campaigns), which shows the applicant received two awards of the ARCOM.  His ERB, dated 31 March 2005, includes two entries in Section VIII (Awards and Decorations), which show he received two awards of the ARCOM and two awards of the NDSM.

12.  Item 35 (Record of Assignments) of the DA Form 2-1 confirms that the applicant was reassigned from Fort Hood, Texas to Fort Houston, Texas on 27 September 2002.

13.  On 29 April 2005, the applicant was discharged under the provisions of Chapter 14, Army Regulation 635-200, by reason of misconduct, after completing a total of 14 years, 5 months, and 9 days of active military service. 

14.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 the applicant was issued upon his 29 April 2005 discharge shows he earned the following awards during his tenure on active duty:  ARCOM; AGCM (4th Award); Army Achievement Medal (AAM) (3rd Award); National Defense Service Medal (NDSM); Armed Forces Expeditionary Medal (AFEM); Humanitarian Service Medal (HSM); Noncommissioned Officers Professional Development Ribbon with Numeral 2; Army Service Ribbon; Overseas Service Ribbon; Global War on Terrorism Service Medal; Korea Defense Service Medal; Air Assault Badge; Driver and Mechanic Badge with Driver-M Bar; and Army Basic Recruiter Badge.


15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-10 provides guidance for the issuance of the NDSM and it states, in pertinent part, that it is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995 and any period between 11 September 2001 to a date to be determined.  A service star will be worn to signify receipt of a second or subsequent award of the NDSM.

16.  Paragraph 3-16 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  An Oak Leaf Cluster is issued to denote the second and succeeding awards of the ARCOM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that his DD Form 214 should be corrected to show he earned two awards each of the NDSM and ARCOM have been carefully considered and found to have partial merit.  

2.  The evidence of record confirms the applicant honorably served during two separate qualifying periods (from 21 November 1990 to 18 May 1999 and from 19 May 1999 to 9 January 2002) for two awards of the NDSM, as evidenced by his DD Forms 4 on file.  Therefore, it would be appropriate to correct Item 13 of his separation document to show his entitlement to two awards of the NDSM.

3.  The DA Form 638 and corresponding ARCOM certificate, provided by the applicant, is corroborated by the evidence of record shown on the applicant’s DA Form 2-1 and ERB which both show the he earned two awards of the ARCOM.  However, the DA Form 638 contains errors in Item 6 (SSN), Item 8 (Previous Awards); Item 10 (Recommended Award), Item 11 (Period of Award) and Item 12a (Indicate Ach, Svc, PCS, ETS, or Ret).  Although this “second” ARCOM award was announced in official orders, documented on his DA Form 2-1 and his ERB, and the applicant was subsequently awarded an AGCM for 3 years of honorable service that encompassed the total period for which the “second” ARCOM was recommended; given the discrepancies found on the DA Form 638 and the corresponding certificate, the validity of this document remains questionable and still cannot be proven at this time.  Lacking a corrected DA Form 638 and ARCOM certificate to confirm the applicant’s receipt of a 2nd ARCOM, there is no basis to reverse the original decision made by the Board on this matter and this portion of relief should be denied.

4.  Finally, the record shows the applicant was awarded the Parachutist Badge, which should also be added to his DD Form 214 at this time.

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 amendment of the ABCMR’s decision in Docket Number AR20050013242 dated 23 May 2006.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 13 of his DD Form 214 by deleting the current National Defense Service Medal portion of the entry and replacing them with the National Defense Service Medal with 1 bronze service star (2nd Award); by adding the Parachutist Badge; and by providing him a correction to his separation document that reflects these changes.

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 awarding the applicant a second Army Commendation Medal.



      _______x_______________
               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)                                         AR20080010934



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ABCMR Record of Proceedings (cont)                                         AR20080010934


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