IN THE CASE OF:	  

		BOARD DATE:	        07 APRIL 2009

		DOCKET NUMBER:  AR20080014547 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his retired rank as a First Sergeant (1SG) and the addition of an Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that his retirement orders were changed to show that he was retired as a first sergeant and he was awarded the ARCOM.  Accordingly, he desires his DD Form 214 to reflect his correct rank and awards.

3.  The applicant provides a copy of his retirement orders, a copy of his DD Form 214. and a copy of his ARCOM Certificate and orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 22 May 1962 and enlisted in the Missouri Army National Guard (MOARNG) on 5 October 1980.  He continued to serve through a series of continuous reenlistments and was promoted to the pay grade of E-8 on 1 May 2001.

2.  He served as a 1SG from June 2003 through December 2003 during Operation Noble Eagle II.  He was transferred back to his previous position as an Active Guard Reserve (AGR) operations sergeant in January 2004.  There is no evidence in the available records to show that he was ever awarded the Special Qualification Identifier (SQI) of "M" to denote 1SG qualifications.

3.  On 22 September 2006, the applicant was awarded the ARCOM for meritorious service as a liaison officer for Headquarters and Headquarters Company, 110th Engineer Battalion during the period from 15 November 2005 to 31 October 2006 while serving in Iraq.  The award was announced in Permanent Orders Number 265-014, dated 22 September 2006.

4.  On 9 June 2007, the applicant was awarded the Bronze Star Medal (BSM) in Permanent Orders Number 160-010, issued by Headquarters, Multi-National Corps-Iraq.  The DA Form 638 (Recommendation for Award) for the BSM shows in item 12b (Interim Award) that the "YES" block contains an "X."  It further states "If yes, state award given" which contains the entry "ARCOM  PO# [Permanent Order Number] 265-014."

5.  On 31 October 2007, the applicant was honorably released from active duty (REFRAD) in the rank of master sergeant (MSG) and was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) and placed on the Retired List in the rank of 1SG, effective 1 November 2007.  He had served 20 years, 9 months, and 20 days of total active service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant at the time of his REFRAD for retirement indicates that he was awarded the BSM and the ARCOM (2nd award).

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  Paragraph 1-19 of that regulation provides the provisions for interim awards.  It provides, in pertinent part, that in order to ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award.  When a higher award is approved, the approving authority will revoke the interim award in the same orders published for the higher award.  The decoration will be returned by the recipient, unless the higher award is approved posthumously, in which case the next of kin will be permitted to retain both awards.

8.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) provides in paragraph 12-17 that noncommissioned officers holding the rank of MSG at retirement, whose records show successful service as a 1SG, will be placed on the Retired List in the grade title of 1SG provided that the individual is serving in and retiring in the grade of MSG, possesses the SQI of "M" and the individual served as 1SG in the grade of E-8.

9.  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 information as it exists on the date of REFRAD or discharge from active duty.  Events that occur after the separation date will not be entered retroactively on that form.  It also provides that for item 4a (Grade, Rate or Rank), enter the active duty grade or rank and pay grade at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect that he was retired in the rank of 1SG has been noted and found to lack merit.  The applicant was separated in the rank of MSG and the following day was placed on the Retired List in the rank of 1SG.  Accordingly, his DD Form 214 correctly reflects his rank at the time of his REFRAD and his retirement orders properly reflect his placement on the Retired List in the rank of 1SG.  Accordingly, there is no basis to correct his rank on his DD Form 214.

2.  The applicant's contention that his DD Form 214 should be corrected to reflect his award of the ARCOM has also been noted and also found to lack merit.  The ARCOM provided by the applicant was awarded as an interim award for the subsequent award of the BSM and thus should have been revoked.  Accordingly, he is not entitled to have that award entered on his records.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  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.

ABCMR Record of Proceedings (cont)                                         AR20080014547



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ABCMR Record of Proceedings (cont)                                         AR20080014547



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