BOARD DATE: 9 September 2009
DOCKET NUMBER: AR20090007356
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 show he held the rank and grade of sergeant/E5 (SGT) and that he earned the Army Commendation Medal with 1st Oak Leaf Cluster (ARCOM with OLC).
2. The applicant states, in effect, that he was promoted to SGT and awarded the ARCOM w/OLC subsequent the issuance of his DD Form 214 while he was on terminal leave.
3. The applicant provides a copy of his ARCOM certificate and promotion orders in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows he enlisted in the Regular Army (RA) on 10 April 2003. He was trained in, awarded, and served in military occupational specialty (MOS) 15T (Helicopter Repairman).
2. His Enlisted Record Brief (ERB) shows that he was promoted to specialist (SPC)/E-4 on 1 October 2005. Section VII (Awards and Decorations) contains an entry that shows he earned one ARCOM.
3. The applicant's Official Military Personnel File (OMPF) contains an ARCOM certificate which shows he received this award for meritorious service in support of Operation Enduring Freedom during the period 9 January to 25 October 2005. It also confirms that this award was announced in official orders.
4. On 11 March 2009, Headquarters, Combat Aviation Brigade, published Permanent Order Number 070-04. These orders announced the applicant's award of the ARCOM for meritorious service during the period 11 May 2006 to 9 April 2009.
5. On 30 March 2009, Headquarters, Combat Aviation Brigade, Fort Riley, Kansas, published orders which announced the applicant's promotion from the rank of SPC to SGT with an effective date and date of rank of 1 April 2009
6. On 9 April 2009, the applicant was honorably released from active duty (REFRAD) after completing 6 years of creditable active military service. The DD Form 214 issued to him at that time contains the entry "SPC" in Item 4a (Grade, Rate, or Rank) and "E04" in Item 4b (Pay Grade).
7. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 includes an entry which shows the applicant received the ARCOM during his tenure on active duty.
8. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4h(4) states, in effect, that the active duty rank and pay grade at the time of separation will be entered in Item 4a and Item 4b of the DD Form 214. Item 13 will list awards for all periods of service.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 3-17 provides that the ARCOM may be awarded for meritorious service, meritorious achievement, and/or for heroism. An OLC is awarded to denote a second or succeeding award of the ARCOM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his DD Form 214 should be corrected to show he was promoted to SGT/E-5 and awarded a second ARCOM award has been carefully considered and found to have merit.
2. By regulation, the grade held on the date a member is separated from active duty will be entered on the DD Form 214. The evidence of record confirms that the applicant was promoted to rank of SGT on 1 April 2009, and that this is the rank he held on the date he was REFRAD. Therefore Item 4a and 4b of the applicants DD Form 214 should be corrected to reflect his proper rank and grade of SGT/E-5 at this time. Item 12h (Effective Date of Pay Grade) should be corrected also.
3. Further, the evidence of record includes an ARCOM certificate and the applicant provides a second ARCOM certificate which both indentify the official orders that announced these awards in recognition of the applicant's meritorious service during the periods 9 January to 15 October 2005 and from 11 May 2006 to 9 April 2009. Accordingly, Item 13 of the applicant's DD Form 214 should be corrected at this time to show his entitlement to the ARCOM w/OLC.
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 amending his DD Form 214 by deleting the current entries in Items 4a, 4b, and 12h replacing them with the entry SGT, "E05," and "2009 04 01," respectively; by deleting the Army Commendation Medal in Item 13 and replacing it with the entry "Army Commendation Medal with Oak Leaf Cluster"; and by providing him a correction to his DD Form 214 that reflects these changes.
_______ _ _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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