IN THE CASE OF:
BOARD DATE: 02 OCTOBER 2008
DOCKET NUMBER: AR20080011139
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 that his award of the Combat Action Badge (CAB) and his qualifications as a 13B (Cannon Crewman) be entered on his DD Form 214.
2. The applicant states that he was awarded the CAB and he is qualified as a 13B; however neither are entered on his DD Form 214.
3. The applicant provides a copy of his CAB orders and the paperwork used to approve the CAB.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Utah Army National Guard (UTARNG) on 4 March 1999 for a period of 8 years. He was ordered to active duty for training on 10 September 1999 and completed his training in military occupational specialty (MOS) 13E10 (Cannon fire direction specialist) on 18 March 2000 and was released from active duty for training and was returned to his UTARNG unit.
2. He was promoted to the pay grade of E-5 on 1 April 2003 and on 28 June 2004, he was ordered to active duty in support of Operation Iraqi Freedom. He deployed to Kuwait and Iraq on 27 November 2004. He reenlisted for a period of 3 years on 14 April 2005 and remained there until 12 November 2005, when he was returned to Fort Lewis, Washington. On 1 December 2005, he was honorably released from active duty (REFRAD) and was returned to his UTARNG unit.
3. His DD Form 214 issued at the time of his REFRAD indicates that he was awarded the Army Achievement Medal (AAM), the National Defense Service Medal, the Army Service Ribbon, the Army Reserve Component Overseas Training Ribbon, the Armed Forces Reserve Medal with M Device, the Global War on Terrorism Service Medal and the Iraq Campaign Medal.
4. The orders provided by the applicant indicate that he was awarded the CAB on 5 October 2005 for actively engaging the enemy on 1 June 2005.
5. On 16 February 2006, the applicant was awarded the Army Commendation Medal for meritorious service during the period of 30 November 2004 to 26 November 2005.
6. On 10 April 2007, the applicant was notified in a memorandum that his unit had been awarded the Meritorious Unit Commendation during the period of 12 December 2004 through 2 November 2005 for exceptionally meritorious conduct in the performance of outstanding service during Operation Iraqi Freedom III.
7. On 5 September 2007, the applicants unit prepared a Memorandum for Awards indicating that the applicant was awarded the Overseas Service Ribbon and the Drivers Badge.
8. A review of the applicants official records reveals an order awarding him the MOS of 13E; however, there are no orders present awarding him MOS 13B.
9. The applicant was promoted to the pay grade of E-6 on 5 August 2006 and on 13 April 2008, he was honorably discharged from the UTARNG and the United States Army Reserve. He had served 9 years, 1 month and 10 days of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided sufficient evidence to show that he was awarded the CAB. Accordingly, it would be in the interest of justice to add that award to his records at this time.
2. The applicant was also subsequently awarded the ARCOM, the MUC, the OSR and the Drivers Badge for the period covered by his DD Form 214. Accordingly, those awards should also be added at this time.
3. Although the sincerity of the applicants claim that he is qualified in MOS 13B is not in doubt; the applicant has not provided and his records do not contain orders awarding him that MOS. Therefore, in the absence of orders showing that he was awarded MOS 13B, there is no basis to add that award to his records.
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 showing that the applicant was awarded the CAB, the ARCOM, the MUC, the OSR and the Drivers Badge.
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 adding MOS 13B to his records.
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___ 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.
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