IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080011688
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 items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2005 to show master sergeant/E8; and item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Combat Action Badge and the Meritorious Service Medal.
2. The applicant states, in effect, that the above mentioned actions occurred following his discharge from active duty on 30 November 2005 and the issuance of his DD Form 214. He states that he reentered the New York Army National Guard (NYARNG) and was promoted to master sergeant and he received orders for the Combat Action Badge. He further contends that upon his retirement from the NYARNG he received the Meritorious Service Medal.
3. The applicant provides orders for the Combat Action Badge and Meritorious Service Medal; promotion orders, dated 29 June 2006; and a copy of his DD Form 214 for the period ending 30 November 2005.
CONSIDERATION OF EVIDENCE:
1. Having prior service, the applicant enlisted in the Army National Guard in 1993. He was ordered to active duty on 24 May 2004 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 21 December 2004 to 5 November 2005 and was released from active duty on 30 November 2005.
2. The applicants DD Form 214 for the period ending 30 November 2005 shows the Bronze Star Medal, the Army Commendation Medal, the Army Achievement Medal (5th Award), the Army Good Conduct Medal (2nd Award), the Army Reserve Components Achievement Medal (3rd Award), the National Defense Service Medal (2nd Award), the Humanitarian Service Medal, the Armed Forces Reserve Medal, the Noncommissioned Officer Professional Development Ribbon (3rd Award), the Army Service Ribbon, the Overseas Service Ribbon, the Armed Forces Reserve Medal with M Device, the Air Assault Badge, the Global War on Terrorism Service Medal, and the Iraq Campaign Medal as authorized awards. Item 4a on this DD Form 214 shows the entry, SFC [sergeant first class]. Item 4b on this DD Form 214 shows the entry, E07.
3. Headquarters, 42nd Infantry Division (M) Permanent Orders 284-70, dated
11 October 2005, show the applicant received the Combat Action Badge.
4. Orders, dated 29 June 2006, show the applicant was promoted to master sergeant/E8 effective 12 June 2006 in the NYARNG.
5. On 21 March 2007, the applicant was honorably discharged from the NYARNG and transferred to the U.S. Army Reserve Control Group (Retired).
6. Item 5a (Rank) on the applicants NGB [National Guard Bureau] Form
22 (Report of Separation and Record of Service) for the period ending 21 March 2007 shows the entry, SFC [sergeant first class]. Item 5b (Pay Grade) on his NGB Form 22 shows the entry, E7. Item 6 (Date of Rank) on his NGB Form
22 shows the entry, 2000 01 13. His NGB Form 22 shows the Combat Action Badge as an authorized award. This form does not show the Meritorious Service Medal as an authorized award.
7. Headquarters, 42nd Infantry Division (UEX) Permanent Orders 193-002, dated 15 August 2007, show the applicant received the Meritorious Service Medal for the period 9 December 1985 to 21 March 2007.
8. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Orders show the applicant received the Combat Action Badge while he was on active duty. Therefore, his DD Form 214 for the period ending 30 November 2005 should be corrected to show this badge.
3. Since the applicant was promoted to master sergeant/E8 and he received the Meritorious Service Medal after his release from active duty on 30 November 2005, there is no basis for amending items 4a and 4b or showing this medal on his DD Form 214 for the period ending 30 November 2005. However, items 5a, 5b, and 6 on his NGB Form 22 should be amended and the Meritorious Service Medal should be shown on his NGB Form 22.
BOARD VOTE:
___xx___ __xx____ ___xx___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by adding the Combat Action Badge to his DD Form 214 for the period ending
30 November 2005.
2. Recommend that the Adjutant General of New York amend items 5a, 5b, and 6 on the NGB Form 22 of the individual concerned to show his rank as master
sergeant, his pay grade as E8, and his date of rank as 12 June 2006; and add the Meritorious Service Medal to his NGB Form 22.
_______ _xxxx______ ___
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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