DOCKET NUMBER: AR20090002620
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 items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 December 2006 be corrected. He also requests correction of this DD Form 214 to show the Combat Action Badge.
2. The applicant states that his pay grade is incorrect on his DD Form 214 and that his correct pay grade is E-4. He also contends that the Combat Action Badge was not included on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 for the period ending 9 December 2006; a Defense Finance and Accounting Service Military Leave and Earnings Statement (LES), dated 5 December 2008; and two award certificates for the Combat Action Badge in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty from the Army National Guard on 26 August 2005 in support of Operation Iraqi Freedom. On 9 December 2006, he was released from active duty.
2. Item 4a of the applicant's DD Form 214 for the period ending 9 December 2006 shows the entry "PFC" [private first class]. Item 4b of this DD Form 214 shows the entry "E03." Item 12h of this DD Form 214 shows the entry "2004 11 09" [9 November 2004]. This DD Form 214 does not show the Combat Action Badge as an authorized award.
3. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was promoted to specialist, pay grade E-4, on 6 October 2006.
4. The applicant was discharged under honorable conditions from the Army National Guard on 24 September 2008. His NGB Form 22 (Report of Separation and Record of Service) shows his date of rank for specialist is 6 October 2006.
5. The applicant provided an LES, dated 5 December 2008, which shows his pay grade is E-4.
6. There are no orders for the Combat Action Badge in the available records.
7. In support of his claim for award of the Combat Action Badge, the applicant provided an award certificate for the Combat Action Badge from Headquarters, 372nd Military Police Battalion, showing Order Number 144-108, dated 6 February 2006. He also provided an award certificate for the Combat Action Badge from Headquarters and Headquarters Battery, 1st Battalion, 180th Field Artillery, showing Order Number 144-108.
DISCUSSION AND CONCLUSIONS:
1. The entries on the applicant's DA Form 2-1 which state that he was promoted to specialist/pay grade E-4 on 6 October 2006 and his NGB Form 22 which shows his date of rank for specialist is 6 October 2006 are accepted as sufficient evidence on which to amend items 4a, 4b, and 12h of his DD Form 214 for the period ending 9 December 2006.
2. There are no orders for the Combat Action Badge in the available records. The applicant provided two award certificates for the Combat Action Badge from two separate units with the same order number on them. Due to this discrepancy, in the absence of orders for the Combat Action Badge, the award certificates are not sufficient as a basis for award of the Combat Action Badge at this time.
3. However, the applicant should send both award certificates for the Combat Action Badge to the Commander, U.S. Army Human Resources Command, Military Awards Branch, 200 Stovall Street, Alexandria, VA 22332-0471 to determine which certificate is valid. Once that determination is made, he may apply to the Board for reconsideration of this portion of his request.
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. deleting the entries in items 4a, 4b, and 12h of his DD Form 214 for the period ending 9 December 2006;
b. adding the entry "SPC" [specialist] in item 4a of this DD Form 214;
c. adding the entry "E-4" in item 4b of this DD Form 214; and
d. adding the entry "2006 10 06" in item 12h of this DD Form 214.
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 award of the Combat Action Badge.
___________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) AR20090002620
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