IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20080019625
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 June 2006 to show award of the Army Commendation Medal with "V" Device with First Oak Leaf Cluster instead of two awards of the Army Commendation Medal.
2. The applicant states that the Army Commendation Medal with "V" Device is not listed on this DD Form 214.
3. The applicant provides orders for the Army Commendation Medal with "V" Device, a sworn statement, and a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty from the Army National Guard on 10 April 2005 in support of Operation Iraqi Freedom. He served in Kuwait/Iraq from 28 June 2005 to 10 June 2006. On 29 June 2006, he was released from active duty.
2. The applicant's DD Form 214 for the period ending 29 June 2006 shows two awards of the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Armed Forces Reserve Medal with "M" Device, and the Combat Action Badge as authorized awards.
3. There are no orders for the Army Commendation Medal in the available records.
4. In support of his claim, the applicant provided a DA Form 638 (Recommendation for Award), dated 18 May 2006, which shows he received the Army Commendation Medal with "V" Device for heroism on 15 May 2006 in Iraq. Item 8 (Previous Awards) on this form shows the applicant received the Army Commendation Medal for service.
5. The applicant's service personnel records contain an award certificate, dated 4 June 2006, for the Army Commendation Medal with "V" Device for heroism on 15 May 2006 in Iraq.
6. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 for the period ending 29 June 2006 shows two awards of the Army Commendation Medal. However, orders show he received one award for valor. Therefore, this DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device with First Oak Leaf Cluster.
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 entry, "ARMY COMMENDATION MEDAL (2ND AWARD)" in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 for the period ending 29 June 2006; and
b. adding the entry, "Army Commendation Medal with "V" Device with First Oak Leaf Cluster" in item 13 on this DD Form 214.
_______ _ 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) AR20080019625
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