DOCKET NUMBER:  AR20090001965 


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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 September 2007 be changed to 4 September 2004 and item 12d (Total Prior Active Service) be changed to include his 2 months and 1 day of active service for Desert Storm.  Additionally, he requests that the award of the Combat Action Badge (CAB) be deleted from item 18 (Remarks).

2.  The applicant states that item 12a of his DD Form 214 does not reflect the initial call-up period for mobilization from 4 September 2004.  He also maintains that item 12d does not reflect his call-up period for Desert Storm from 22 January 1991 to 22 March 1991.  The applicant offers that the award of the CAB should be deleted because he was never in combat and all of his military service was performed in the United States.

3.  The applicant provides Orders 1-1 with Annex E, dated 22 January 1991; Orders 3-1 with Annex A, dated 15 March 1991; Orders 04-234-00007, dated 21 August 2004; Orders 05-201-00003, dated 20 July 2005; Orders A-07-617576, dated 11 July 2006; Orders A-07-617576A01, dated 13 July 2006; Orders A-07-617576A02, dated 2 April 2007; Orders 218-1301, dated 6 August 2007; Orders 220-1314, dated 8 August 2007, three DD Forms 214; and two DD Forms 215 (Correction to DD Form 214).


CONSIDERATION OF EVIDENCE:

1.  The applicant requests to have his call-up period for mobilization from 4 September 2004 added to his DD Form 214.  Information obtained from the Defense Finance and Accounting Service (DFAS) indicates that the applicant received active duty pay in a Reserve status from 1 November 2004 through 15 December 2005.  The applicant is required to have a new DD Form 214 prepared to cover this period of active service instead of correcting the existing form.  The applicant has been notified by separate correspondence of the procedures for requesting a DD Form 214; as a result, his call-up mobilization period in 2004 will not be discussed further in the Record of Proceedings.

2.  The applicant’s records show he enlisted in the United States Army National Guard on 15 January 1982.  On 27 October 1989, the applicant enlisted in the United States Army Reserve (USAR) and, through a series of reenlistments, has continuously served in the USAR.

3.  The applicant's DD Form 214 for the period from 19 July 1982 to 11 December 1982 credited him with 4 months and 23 days of active Federal service.

4.  Orders 1-1, dated 22 January 1991, and Orders 3-1, dated 15 March 1991, show that the applicant was ordered to active duty effective 22 January 1991 and was released from active duty on 22 March 1991.

5.  The applicant's DD Form 214 for the period from 22 January 1991 to 25 March 1991 shows that he was credited with 2 months and 4 days of active Federal service.  However, his DD Form 215 corrected his separation date to 22 March 1991 and credited him with 2 months and 1 day of active Federal service.

6.  Orders A-07-617576, dated 11 July 2006, show that the applicant was ordered to active duty from 4 September 2006 through 3 September 2007 for a period of 365 days.  He received two amendments to these orders changing the reporting unit from the U.S. Army Military Police, Military Police School to the 3rd Chemical Brigade, changing the period of active duty from 365 days to 1 year including accumulated leave, and amending the purpose from Contingency Operations Temporary Tour of Active Duty in support of Operation Enduring Freedom (OEF) to Contingency Operations for Active Duty for Operational Support (CO-ADOS) in support of OEF.  Orders 218-1301, dated 6 August 2007, released the applicant from active duty effective 3 September 2007.

7.  Item 12a of the applicant’s DD Form 214 for the period ending 3 September 2007 shows the date he entered active duty this period as 4 September 2006.  Item 12d shows his total prior active service as 6 months and 27 days.  Additionally, item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) continued in item 18 shows he was awarded the CAB.

8.  There are no orders in the applicant's official military personnel file (OMPF) that show he was awarded the CAB.  The CAB is not listed on his previous DD Forms 214 or his DA Form 2-1 (Personnel Qualification Record).  Additionally, there is no indication that the applicant was deployed and served in a combat zone or imminent danger area.

9.  There are no other DD Forms 214 or documents in the applicant's OMPF that show he was credited with any additional active duty service other than the three DD Forms 214 previously discussed.

10.  Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214.  The regulation states, in pertinent part, to enter the total prior active service in item 12d from previously issued DD Forms 214, less lost time, if any.

11.  Army Regulation 635-5 states, in pertinent part, to enter in item 13 all awards and decorations for all periods of service.  Each entry will be verified by the Soldier's records.  Use item 18 as a continuation for entries in items 11, 13, and 14.

12.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 dated 3 September 2007, credited him with 6 months and 27 days of prior-active service which is consistent with the active service listed on his previous DD Forms 214:  4 months and 23 days (1982) and 2 months and 4 days, corrected to 2 months and 1 day (1991).  Therefore, it  appears that the applicant's Desert Storm time is included on his DD Form 214 for the period ending 3 September 2007.  However, based on the correction listed for item 12c on the applicant's DD Form 215, his prior active service in item 12d should be corrected to show 6 months and 24 days.

2.  Item 12d of the applicant's DD Form 214 for the period ending 3 September 2007 may require further correction after he obtains his DD Form 214 for his period of mobilization beginning in September 2004.  When he receives that DD Form 214, he may apply to the Board for this correction.

3.  There are no orders in the applicant's OMPF that show he was awarded the CAB.  The CAB is not listed on his DA Form 2-1 and there is no indication that the applicant was deployed and served in a combat zone or imminent danger area.  Therefore, it would be appropriate to remove this award from his DD Form 214.

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.  showing 6 months and 24 days in item 12d of the applicant's DD Form 214 for the period ending 3 September 2007; and


	b.  deleting the Combat Action Badge from item 18 of the applicant's DD Form 214 for the period ending 3 September 2007.



      ___________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)                                         AR20090001965



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ABCMR Record of Proceedings (cont)                                         AR20090001965



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