IN THE CASE OF:	  

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090016292 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal and his rank/grade as sergeant (SGT)/E-5.

2.  The applicant states his DD Form 214 was prepared prior to receiving his award and promotion order. 

3.  The applicant provides a copy of a DA Form 638 (Recommendation for Award), dated 3 April 2009, awarding him the Army Achievement Medal; a copy of his DD Form 214, dated 1 May 2009; and a copy of Orders 118-004, issued by Headquarters, 2nd Brigade, 3rd Infantry Division, dated 28 April 2009, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 10 January 2006 and held military occupational specialty 11B (Infantryman).  He was assigned to Company B, 1st Battalion, 64th Armor, Fort Stewart, GA. 

2.  His records also show he served in Iraq from 5 May 2007 to 4 July 2008 and was promoted to specialist (SPC)/E-4 on 1 August 2007.

3.  On 28 April 2009, Headquarters, 2nd Brigade, 3rd Infantry Division, Fort Stewart, GA, published Orders 118-04 announcing his promotion to SGT/E-5 with an effective date and date of rank of 1 May 2009.
4.  He was honorably released from active duty on 1 May 2009 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.  The DD Form 214 he was issued shows the following entries:

	a.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) show the entries SPC and E-4.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal (2nd Award), National Defense Service Medal, Iraq Campaign Medal with Arrowhead, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, and Combat Infantryman Badge.  

5.  Headquarters, 1st Battalion, 64th Armor, Fort Stewart, Permanent Order Number 105-002, dated 17 April 2009, awarded him the Army Achievement Medal for service from 10 May 2006 to 1 May 2009.

6.  Headquarters, 1st Battalion, 64th Armor, Fort Stewart, Permanent Order Number 073-011, dated 19 March 2010, awarded him the Army Achievement Medal for meritorious achievement.

7.  A review of his records indicates his entitlement to additional awards which are not shown on his records.

8.  Headquarters, 1st Battalion, 64th Armor, Fort Stewart, Permanent Orders 079-001, dated 19 March 2010, awarded him the Good Conduct Medal (1st award) for exemplary behavior, efficiency, and fidelity in active military service.

9.  Army Human Resources Command Military Personnel (MILPER) Message Number 10-078, dated 17 March 2010 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Iraq Campaign Medal.  It states that one bronze service star will be worn on the Iraq Campaign Medal for one or more days of participation in each designated campaign phase.  Approved designated Iraq Campaign Medal campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 Mar 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 Jun 2004 
Iraq Governance/29 Jun 2004 - 15 Dec 2005 
National Resolution/16 Dec 2005 – 9 Jan 2007
Iraqi Surge/10 Jan 2007 - 31 Dec 2008 
   Iraqi Sovereignty/1 Jan 2008 to Date to be determined
10.  Army Regulation 600-8-22 states, in pertinent part, that the Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Army Achievement Medal and his rank/grade as SGT/E-5.

2.  Permanent orders show the applicant was awarded two Army Achievement Medals for service or achievement, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Permanent orders show he was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active military service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His records show he served in Iraq from 5 May 2007 to 4 July 2008 and was awarded the Iraq Campaign Medal.  Additionally, he participated in the Iraqi Surge campaign during this period of service; therefore, he is also entitled to award of 1 bronze service star to be affixed to the Iraq Campaign Medal.

5.  The evidence of record shows he was issued permanent orders on 28 April 2009 promoting him to SGT/E-5 on 1 May 2009.  However, it appears that his 
DD Form 214 was prepared or submitted prior to the publication of his promotion orders.  Since he was separated on 1 May 2009 and had no service remaining requirement for this promotion, his DD Form 214 should be corrected to show he was separated in the rank/grade of SGT/E-5. 

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 items 4a, 4b, and 12h (Effective Date of Pay Grade) the entries "SPC," "E-4," and "2007 08 01" and adding the entries "SGT," "E-5," and "2009 05 01"; and

	b.  adding to his DD Form 214 the Good Conduct Medal (1st Award), Army Achievement Medal (1st Oak Leaf Cluster), and a bronze service star to his already–awarded Iraq Campaign Medal with Arrowhead.




      _______ _   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)                                         AR20090016292



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ABCMR Record of Proceedings (cont)                                         AR20090016292



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