IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080015476
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was separated in the rank of captain and to include his award of the Army Commendation Medal and a second Army Achievement Medal.
2. The applicant states he provided a copy of his promotion notification orders at the time of his separation but his rank was not correctly entered on his DD Form 214. He received his Army Commendation Medal the day before he was separated and his second Army Achievement Medal was overlooked.
3. The applicant provides copies of his DD Form 214; U.S. Army Human Resources Command (HRC), Alexandria, Virginia promotion orders and orders for award of an Army Achievement Medal and an Army Commendation Medal. He also provides certificates for two Army Achievement Medals, the Army Commendation Medal, and the Bronze Star Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard (ARNG) on 25 April 2003 and was honorably discharged to accept a commission on 13 May 2005.
2. On 14 May 2005, the applicant was commissioned a second lieutenant in the Quartermasters Corps and he entered active duty on 22 May 2005.
3. On 18 May 2006, Headquarters, 82nd Brigade Support Battalion, 82nd Airborne Division, Fort Bragg, North Carolina Permanent Orders Number 133-02 awarded the applicant the Army Achievement Medal for the period 27 March 2006 through 26 April 2006.
4. On 11 April 2007, Headquarters, 25th Infantry Division, Tikrit, Iraq, Permanent Orders Number 101-01040 awarded the applicant the Bronze Star Medal.
5. On 29 February 2008, Headquarters, 82nd Brigade Support Battalion, 82nd Airborne Division, Fort Bragg, North Carolina Permanent Orders Number 060-01 awarded the applicant the Army Achievement Medal with one Oak Leaf Cluster for the period 9 September 2007 to 13 November 2007.
6. On 7 May 2008, Headquarters, 3rd Brigade Combat Team, 82nd Airborne Division Fort Bragg, North Carolina Permanent Orders Number 128-05 awarded the applicant the Army Commendation Medal.
7. U.S. Army Human Resources Command (HRC), Alexandria, Virginia, Order Number 16403, dated 12 June 2008, promoted the applicant to captain with an effective date and date of rank of 1 July 2008.
8. The applicant was released from active duty on 2 July 2008. He had completed 3 years, 1 month, and 11 days of creditable service during this period. His prior ARNG service is not shown on his separation document.
9. His DD Form 214 lists his awards as the Bronze Star Medal, the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the "Iraq Campaign Medal Campaign Star," the Army Service Ribbon, the Overseas Service Ribbon, the Combat Action Badge, and the Parachutist Badge. Item 4a (Rank) and Item 4b (Pay Grade) show his rank and grade as first lieutenant, O2. Item 12h shows an effective date of pay grade of 28 November 2006. He served in Operation Iraqi Freedom from 7 August 2006 through 7 November 2007.
10. Army Regulation 635-5 (Separation Documents) states that the rank and pay grade at time of separation from active duty is to be entered on the DD Form 214.
11. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. The authorized campaigns for Operation Iraqi Freedom are : LIBERATION OF IRAQ/19 MAR 2003 1 MAY 2003; TRANSITION OF IRAQ/2 MAY 2003 28 JUN 2004; IRAQI GOVERNANCE/29 JUN 2004 15 DEC 2005; and NATIONAL RESOLUTION/16 DEC 2005 DATE TO BE DETERMINED.
DISCUSSION AND CONCLUSIONS:
1. The applicant's awards of the Army Commendation Medal and a second Army Achievement Medal were omitted from his DD Form 214. It is appropriate to correct the record to properly reflect these awards.
2. Since the applicant was promoted to captain effective the day before his separation, the proper rank, grade, and effective date of grade on his DD Form 214 should be captain, O-3 with an effective date of grade of 1 July 2008.
3. The DD Form 214 lists an "Iraq Campaign Medal Campaign Star." This is an incomplete and incorrect entry. The entry should read "Iraq Campaign Medal with one bronze service star.
BOARD VOTE:
____X___ ___X____ ____X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entries in Item 4a, item 4b, item 12h and the entry
"Iraq Campaign Medal Campaign Star" from item 13 of the individuals 2 July 2008 DD Form 214;
b. adding to item 4a captain;
c. adding to item 4b O-3;
d. adding to item 12h 1 July 2008; and
e. adding to item 13 the Iraq Campaign Medal with one bronze service star, the Army Commendation Medal, and the Army Achievement Medal with Oak Leaf Cluster.
_______ _ 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) AR20080015476
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