IN THE CASE OF:	  

		BOARD DATE:	  24 September 2009

		DOCKET NUMBER:  AR20090007674 


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) and 4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show sergeant/E-5; that item 11 (Primary Specialty) be corrected to show military occupational specialty (MOS) 19D2O; and that item 
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show the Purple Heart, the Army Commendation Medal with "V" Device with First Oak Leaf Cluster, the fourth award of the Army Achievement Medal, the Drivers Badge with T-Bar, the Drivers Badge with W-Bar, and the Combat Action Badge.       

2.  The applicant states that the awards were left off of his DD Form 214.  

3.  The applicant provides promotion orders; orders for the Purple Heart, the Army Commendation Medal with "V" Device, the Army Commendation Medal, two awards of the Army Achievement Medal; the Drivers Badge with T-Bar, the Drivers Badge with W-Bar, and the Combat Action Badge; and a copy of his DD Form 214 in support of his application.   

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 May 2002.  He served as a cavalry scout in Kuwait/Iraq from 27 January 2003 to 26 August 2003 and from 
6 January 2005 to 4 January 2006.  On 13 April 2006, he was honorably released from active duty. 

2.  Item 4a on the applicant's DD Form 214 shows the entry "SPC" [specialist].  Item 4b on his DD Form 214 shows the entry "E04."  Item 11 on his DD Form 214 shows the entry "19D1O CAVALRY SCOUT - 3 YRS 4 MOS//NOTHING FOLLOWS."  Item 12h (Effective Date of Pay Grade) on his DD Form 214 shows the entry "2004 02 01."  Item 13 on his DD Form 214 shows the Army Commendation Medal, the Army Achievement Medal (2nd Award), the U.S. Army/U.S. Air Force Presidential Unit Citation, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Iraq Campaign Medal as authorized awards. 

3.  Headquarters, 3d Infantry Division (Mechanized) Artillery Permanent Orders #123-227, dated 3 May 2003, show the applicant received the Army Commendation Medal with "V" Device for the period 20 March 2003 to 1 May 2003.  

4.  Headquarters, 1st Battalion, 3rd Air Defense Artillery Permanent Orders #013-16, dated 13 January 2004, show the applicant received the Army Achievement Medal for the period 1 December 2003 to 13 December 2003.  

5.  Headquarters, 1st Battalion, 3rd Air Defense Artillery Permanent Orders #196-61, dated 14 July 2004, show the applicant received the Army Achievement Medal for the period 17 May 2004 to 28 June 2004.  

6.  The applicant's official military personnel records on the integrated Personnel Electronic Records Management System (iPERMS) do not contain any Army Achievement Medal orders/certificates.

7.  Headquarters, 5th Battalion, 7th Cavalry Permanent Orders #339-10, dated 
4 December 2005, show the applicant received the Drivers Badge with W-Bar.

8.  Headquarters, 5th Battalion, 7th Cavalry Permanent Orders #339-30, dated 
4 December 2005, show the applicant received the Drivers Badge with T-Bar.

9.  Headquarters, 1st Brigade Permanent Orders #344-20, dated 10 December 2005, show the applicant received the Army Commendation Medal for meritorious service during the period 19 November 2002 to 3 March 2006.  

10.  Headquarters, 3d Infantry Division and Fort Stewart Permanent Orders #044-67, dated 13 February 2006, show the applicant received the Combat Action Badge. 

11.  Headquarters, 3d Infantry Division and Fort Stewart Permanent Orders #067-06, dated 8 March 2006, show the applicant received the Purple Heart for wounds received as a result of hostile enemy action on 15 September 2005.   

12.  Promotion Orders, dated 24 March 2006, show the applicant was promoted to sergeant in primary MOS 19D2O effective 1 February 2006. 

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

15.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns:  Liberation of Iraq (19 March 2003-1 May 2003), Transition of Iraq (2 May 2003-28 June 2004), Iraqi Governance (29 June 2004-15 December 2005); and National Resolution (16 December 2005-to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The promotion orders which show the applicant was promoted to sergeant in primary MOS 19D2O effective 1 February 2006 is accepted as sufficient evidence on which to amend items 4a, 4b, 11, and 12h on his DD Form 214.   

2.  Orders show the applicant received the Purple Heart, the Drivers Badge with T-Bar, the Drivers Badge with W-Bar, and the Combat Action Badge.  Therefore, his DD Form 214 should be corrected to show these awards. 

3.  Orders show the applicant received two awards of the Army Commendation Medal, one award for valor.  Therefore, his DD Form 214 should be corrected to show the Army Commendation medal with "V" Device with First Oak Leaf Cluster.

4.  The applicant's DD Form 214 shows two awards of the Army Achievement Medal as authorized awards.  He provided documentation for two awards of the Army Achievement Medal, and his records in iPERMS fail to reveal any Army Achievement Medal documents.  In the absence of four orders for the Army Achievement Medal, the two award certificates for the Army Achievement Medal provided by the applicant are not sufficient as a basis for amending his DD Form 214 to show two additional awards of the Army Achievement Medal.   

5.  The applicant's DD Form 214 shows the Iraq Campaign Medal as an authorized award.  However, records show he participated in four campaigns during his assignments in Iraq which entitles him to the Iraq Campaign Medal with four bronze service stars.

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, 11, and 12h on his DD Form 214;

	b.  adding the entry "SGT" [sergeant] in item 4a on his DD Form 214;

	c.  adding the entry "E05" in item 4b on his DD Form 214;

	d.  adding the entry "19D2O CAVALRY SCOUT - 3 YRS 4 MOS//NOTHING FOLLOWS" in item 11 on his DD Form 214;

	e.  adding the entry "2006 02 01" in item 12h on his DD Form 214; 

	f.  deleting the entry "ARMY COMMENDATION MEDAL" in item 13 on his DD Form 214; and 

	g.  adding the Purple Heart, the Army Commendation Medal with "V" Device with First Oak Leaf Cluster, the Drivers Badge with T-Bar, the Drivers Badge with W-Bar, the Combat Action Badge, and four bronze service stars for wear on his already-awarded Iraq Campaign Medal in item 13 on his 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 two additional awards of the Army Achievement Medal.  




      _______ _   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)                                         AR20090007674



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ABCMR Record of Proceedings (cont)                                         AR20090007674



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