IN THE CASE OF:
BOARD DATE: 17 March 2009
DOCKET NUMBER: AR20080016398
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Bronze Star Medal (BSM) 1st Oak Leaf Cluster (OLC).
2. The applicant states, in effect, that he was awarded the BSM with 1st OLC; however, his DD Form 214 only reflects one BSM. He further states that at the time his DD Form 214 was issued he did not have a copy of the award of the BSM with 1st OLC.
3. The applicant provides his DD Form 214, Officer Record Brief, and two BSM certificates in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows that on 30 September 2008, he was honorably separated for the purpose of retirement. The DD Form 214 that he was issued at this time shows he had completed a total of 28 years, 4 months, and 3 days of active military service, and that he held the rank of Colonel (COL).
2. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his tenure on active duty: Legion of Merit (2nd Award);
Bronze Star Medal; Defense Meritorious Service Medal; Meritorious Service Medal (7th Award); Army Commendation Medal (3rd Award); Army Achievement Medal (2nd Award); Global War on Terrorism Service Medal; Korea Defense Service Medal; Humanitarian Service Medal; "Iraq Campaign Medal Campaign Star"; Army Service Ribbon; Overseas Service Ribbon (2nd Award); Multinational Force and Observers Medal; Expert Infantryman Badge; Special Forces Tab; Ranger Tab; Combat Action Badge; and Master Parachutist Badge.
3. The applicant's Official Military Personnel File (OMPF) contains a BSM Certificate dated 17 April 2006. This document shows that Permanent Orders Number 170-001, dated 17 April 2006, awarded the applicant the BSM for meritorious service in support of Operations Enduring and Iraqi Freedom while serving as the Third United States Army Chief of Staff during the period 9 May 2004 to 19 May 2006.
4. The applicant's OMPF also contains a BSM Certificate dated 14 April 2008. This document shows the applicant was awarded the BSM for exceptionally meritorious service as Lead Advisor to the Iraqi Joint Headquarters Deputy Chief of Staff for training and doctrine during the period 27 June 2006 through 14 April 2008.
5. The applicant's OMPF further contains Officer Evaluation Reports covering the periods 2 June through 29 October 2006; 30 October 2006 through 10 June 2007; and 11 June 2007 through 5 March 2008. These documents show the applicant was assigned to the Multi-National Security Transition Command-Iraq, APO AE 09348, serving as the Senior Advisor, Iraqi Joint Headquarters.
6. The applicant provides a copy of his Officer Record Brief dated 10 September 2008. This document shows in Section VIII-Awards and Decorations that he was awarded BSM 2 (BSM with 1st Oak Leaf Cluster).
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214.
Paragraph 2-4 of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214. The instructions for Item 13 state to enter all awards earned.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he earned the BSM with 1st OLC (2nd Award) was carefully considered and found to have merit.
2. The evidence of record confirms the applicant was initially awarded the BSM for meritorious service while serving as the Third United States Army Chief of Staff during the period 9 May 2004 through 19 May 2006. It further shows he was subsequently awarded the BSM for exceptionally meritorious service as the Lead Advisor during the period 27 June 2006 through 14 April 2008, as evidenced by the BSM certificates contained in his OMPF and by the entry contained on his ORB. Therefore, it would be appropriate to correct his DD Form 214 to show his entitlement to the BSM with 1st OLC at this time.
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 amending his DD Form 214 dated 30 September 2008 by deleting the "Bronze Star Medal" contained in Item 13 and replacing it with the "Bronze Star Medal with 1st Oak Leaf Cluster" and by providing him a correction to his DD Form 214 that includes this change.
_______ _ 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) AR20080016398
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080016398
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