DOCKET NUMBER: AR20090001629
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 add the National Defense Service Medal (NDSM) and a "state award."
2. The applicant states that he did not receive any awards.
3. The applicant provides a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he enlisted in the Regular Army (RA) on
28 January 2008. He was subsequently honorably discharged on 18 December 2008 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of "disability, severance pay, non-combat related." He was credited with 10 months and
21 days of creditable active service at the time of his separation.
2. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows the entry "None," indicating that the applicant was not awarded any awards or decorations during his military service.
3. Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
4. Army Regulation 600-8-22 provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. The regulation states, in pertinent part, for the first award only, the period of service can be less than 1 year when final separation was by reason of physical disability incurred in the line of duty.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents) 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. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214. Each entry will be verified by the Soldiers records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the National Defense Service Medal and "state awards."
2. The applicant honorably served during a qualifying period for award of the NDSM. Therefore, he is entitled to the NDSM and to have his records corrected to show this award.
3. The applicant's Official Military Personnel File (OMPF) does not contain any derogatory information or a commander's disqualification for the first award of the AGCM. Evidence of record also shows that the applicant was honorably discharged by reason of physical disability incurred in the line of duty.
Therefore, he is entitled to the AGCM (first award) and correction of his records to show this award.
4. The applicant also states his DD Form 214 should be corrected to show "state awards." Army Regulation 635-5 states to enter on the DD Form 214 the awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22, as verified by the Soldiers records. Based on regulatory guidance, there are no provisions for entering "state awards" to the DD Form 214. Therefore, there is no basis for granting the applicant's requested relief on this issue.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x_____ ____x___ ____x___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding the applicant the Army Good Conduct Medal (first award) for the period 28 January 2008 to 18 December 2008; and
b. adding to item 13 of the applicant's DD Form 214 the Army Good Conduct Medal (first award) and the National Defense Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding "state awards" to his 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.
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