IN THE CASE OF:	  

		BOARD DATE:	  16 June 2009

		DOCKET NUMBER:  AR20090004200 


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 current DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of his release from active duty of 16 November 2006, be corrected to add all his campaign medals and awards.

2.  The applicant states, in effect, that he was released from active duty with a DD Form 214 for service from 1999 to 2002.

3.  The applicant provided no additional documentary evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 25 March 1999.  He was subsequently discharged from the DEP and he enlisted in the Regular Army (RA) on 20 April 1999.  He completed basic combat training at Fort Sill, Oklahoma and his advanced individual training at Fort Bliss, Texas.  After completing all required training, he was awarded military occupational specialty (MOS) 14S (Air and Missile Defense Crewmember).

2.  The applicant was awarded the Army Good Conduct Medal, intended to be a 2nd award, for exemplary behavior, efficiency, and fidelity, in active Federal military service, for the period 4 September 2005 through 31 October 2006, by 

Permanent Orders 266-006, published by the 2nd Battalion, 408th Personnel Services Battalion, LSA Adder, Tallil Air Base, Iraq, on 23 September 2006.  This award was made for less than the 3 years which is required by Army Regulation 600-8-22 (Military Awards) for a second award of the Army Good Conduct Medal.  The applicant, in his first term of service, was awarded the Army Good Conduct Medal for a full three-year period of service.  The applicant is not entitled to this second award.  Even though the Board will not take action to take away medals that were already awarded, no matter the mistaken conditions under which the medal was awarded, it will also not amend separation documents to add awards to which an applicant is not entitled; therefore, correction of the applicant's DD Form 214 with an ending date of 16 November 2006 to show award of the Army Good Conduct Medal (2nd Award) will not be discussed further in these Proceedings.

3.  The applicant was honorably released from active duty on 19 April 2002 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, on completion of required active service, in the rank/grade 
of specialist (SPC)/E-4.  On the date he was released from active duty, he had completed 3 years net active military service.  Following his release from active duty he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Lapel Button, Army Achievement Medal, Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.  No other awards are shown on this DD Form 214.

5.  The applicant was authorized to accept and to wear the Venezuelan Parachutist Badge in a memorandum, Subject:  Acceptance and Wear of Foreign Badge, prepared by Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, on 31 May 2001.  This foreign badge is not shown on the applicant's DD Form 214.

6.  The applicant was awarded the Army Commendation Medal on 19 February 2002, for exceptionally meritorious service for the period 8 November 1999 to 19 April 2002, by Permanent Orders 50-3, published by Headquarters, 82nd Airborne Division.  This award is not shown on the applicant's DD Form 214.

7.  The applicant was awarded the Good Conduct Medal (1st Award), for exemplary behavior, efficiency, and fidelity, while serving in the United States Army, for the period 20 April 1999 to 19 April 2002, by Permanent Orders
091-89, published by the 82nd Soldier Support Battalion (Airborne), 82nd Airborne Division, on 1 April 2002.  This award is not shown on the applicant's DD Form 214.

8.  On 9 October 2005, the applicant was ordered to active duty in his USAR status with the 1116th Transportation Company (Medium Truck) in support of Operation Iraqi Freedom.  He served in Iraq and in Kuwait for the period              4 February 2006 to 4 November 2006, a period of 9 months and 1 day.

9.  On 16 November 2006, the applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his military service obligation.  He was released from active duty in the rank/grade of sergeant (SGT)/E-5, under the provisions of Army Regulation 635-200, chapter 4, on completion of required active service.  On the date he was released from this period of active duty, he had completed 1 year and 24 days net active military service.  His records show he completed a total of 5 years, 6 months, and 23 days of creditable active service

10.  Item 13 of the applicant's DD Form 214 for the period ending 16 November 2006 shows he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon,  the Overseas Service Ribbon, the Armed Forces Reserve Medal with "M" [Mobilization] Device, the Parachutist Badge, and the Driver and Mechanic Badge with Driver-W Bar.  No other awards are shown on this DD Form 214.

11.  The applicant's DD Form 214 shows entitlement to the Iraq Campaign Medal; however, it does not show the bronze service star to which he is also entitled to for his campaign participation.  While in Iraq, the applicant participated in the National Resolution Campaign which extended from 16 December 2005 through a date to be determined.

12.  A search of the unit awards data base maintained by the U.S. Army Human Resources Command, Alexandria, Virginia, shows the applicant's unit, the 1116th Transportation Company (Medium Truck), was approved for award of the Meritorious Unit Commendation for the period of 15 November 2004 through 16 October 2006.  This data base indicates that issuance of the Department of the Army General Orders is pending.

13.  Army Regulation 600-8-22, further states, in pertinent part, award of a bronze service star is authorized, based on qualifying service, for each campaign in which a Soldier serves and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Iraq Campaign Medal.
14.  Army Regulation 635-5 (Personnel Separation – 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 Soldier’s records.

15.  Army Regulation 670-1 (Uniform and Insignia - Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence in this case, the applicant is entitled to correction of his DD Form 214 for the period ending 16 November 2006 to show all of his awarded or authorized awards and decorations.

2.  Orders dated February 2002 awarded the applicant the Army Commendation Medal.  This award should be added to his DD Form 214 for the period ending  16 November 2006.

3.  The applicant's DD Form 214 for the period ending 16 November 2006 shows award of the Iraq Campaign Medal; however, it does not show the one bronze service star that he is entitled to as a result of his participation in one campaign of Operation Iraqi Freedom.  Therefore, the applicant's DD Form 214 should be corrected to show the Iraq Campaign Medal with one bronze service star.

4.  The applicant's unit, the 1116th Transportation Company (Medium Truck), was approved for award of the Meritorious Unit Commendation for the period of 15 November 2004 through 16 October 2006.  Therefore, his DD Form 214 should be corrected to show this award.

5.  Army Regulation 635-5 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.  Therefore, the applicant's DD Form 214 for the period ending 16 November 2006 should be further corrected to add the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Army Lapel Button, and the Venezuelan Parachutist Badge.
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 from item 13 of his DD Form 214 for the period ending                16 November 2006 the Iraq Campaign Medal; and 

	b.  adding to item 13 of his DD Form 214 for the period ending 16 November 2006 the Army Commendation Medal, the Iraq Campaign Medal with one bronze service star, the Expert Marksmanship Qualification Badge with Rifle Bar, the Army Lapel Button, the Meritorious Unit Commendation, and the Venezuelan Parachutist 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)                                         AR20090004200



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004200



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1