IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090016420
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 two awards of the Army Commendation Medal.
2. The applicant states the second award was authorized after he was discharged from the Army.
3. The applicant provides a copy of his DD Form 214 for the period ending 1 June 2009 and a copy of an Army Commendation Medal Certificate and corresponding DA Form 638 (Recommendation for Award), dated 25 March 2009, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he initially enlisted in the Regular Army (RA) for a period of 5 years on 21 August 2001 and he held military occupational specialty 11B (Infantryman). He executed a 4 year reenlistment in the RA on 2 June 2005, served in various staff and/or leadership positions, and he attained the rank of staff sergeant (SSG).
2. The applicants records also show he served in Iraq from 28 September 2005 to 23 September 2006 and from 12 October 2007 to 25 November 2008.
3. He was honorably discharged in the rank of SSG on 1 June 2009. The DD Form 214 he was issued shows he completed 7 years, 9 months, and 11 days of creditable active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device, the Army Commendation Medal, the Army Achievement Medal (2nd Award), the Good Conduct Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Service Medal, the Korea Defense Service Medal, the Iraq Campaign Medal with campaign star, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon (3rd Award), the Combat Infantryman Badge, the Ranger Tab, the Pathfinder Badge, the Parachutist Badge, the Air Assault Badge, and the Driver and Mechanic Badge.
5. The applicants records contain the following documents:
a. certificate, dated 18 June 2003, that shows he was awarded the Army Achievement Medal for meritorious achievement from 31 May to 10 June 2003.
b. DA Form 638, dated 6 January 2004, that shows he was recommended for award of the Army Commendation Medal for meritorious service from 26 February 2002 to 24 February 2004. However, the approval authority downgraded the recommendation and approved an Army Achievement Medal on 28 January 2004.
c. certificate, dated 25 March 2009, that shows he was awarded the Army Commendation Medal for meritorious service from 5 April 2004 to 1 June 2009.
6. The applicant's records do not contain permanent orders awarding him a second award of the Army Commendation Medal.
7. Army Regulation 600-8-22 (Military Award) provides for award of the Army Commendation Medal and states that this award may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Army Regulation 635-5 (Personnel Separations - 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 Soldiers records.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was recommended for award of the Army Commendation Medal for meritorious service from 26 February 2002 to 24 February 2004; however, the approval authority downgraded the recommendation and approved award of the Army Achievement Medal. This Army Achievement Medal and an additional Army Achievement Medal are correctly shown on his DD Form 214.
2. The evidence of record shows the applicant was awarded the Army Commendation Medal for meritorious service from 5 April 2004 to 1 June 2009 and that this award is listed on his DD Form 214. His record is void of the permanent orders that awarded him a second Army Commendation Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. In the absence of the permanent orders, there is insufficient evidence to show a second award of the Army Commendation Medal in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20090016420
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090016420
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100011496
He also states the ROP addressed the Army Commendation Medal he received for meritorious service for the period from 5 April 2004 to 1 June 2009 and determined it was recorded on his DD Form 214, which is also correct. The evidence of record shows that two separate permanent orders awarded the applicant the Army Commendation Medal: a. 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...
ARMY | BCMR | CY2008 | 20080013992
The applicant provides a SSG promotion list, ARCAM award memorandum, ARCOM with V Device certificates, and DD Form 214 in support of his application. The evidence of record confirms the applicant was awarded two separate awards of the ARCOM with V Device, for actions in Iraq on 15 August 2004 and on 14 November 2004, and that he was awarded the ARCOM for achievement on 10 May 2004, as evidenced by DA Forms 638 and ARCOM certificates on file in his OMPF. As a result, given there is no...
ARMY | BCMR | CY2009 | 20090014082
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his additional awards of the Air Medal, and the Army Commendation Medal. The applicant's integrated Personnel Electronic Record Management System (iPERMS) record contains a citation for an Air Medal (Service), for meritorious service from 26 February to 30 April 2003; an Air Medal (Valor) Narrative, Citation, and Certificate for the Air Medal with "V" Device...
ARMY | BCMR | CY2008 | 20080007791
The applicant requests, in effect, award of the Meritorious Service Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicants records contain a DA Form 638-1 (Recommendation for Award of (For Other Than Valor) Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), dated 2 March 1983. The evidence shows the applicant's recommendation for award of the Meritorious Service Medal was downgraded to the Army...
ARMY | BCMR | CY2007 | 20070001335
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Army Reserve Components Achievement Medal, Army Good Conduct Medal, Army Commendation Medal, and the Combat Action Badge. The applicant provides copies of his DD Form 214, Recommendation for award of the Army Commendation Medal, Certificate for award of the Army Commendation Medal, and orders for award of the Combat Action Badge. The evidence of record clearly...
ARMY | BCMR | CY2011 | 20110020880
The applicant requests, in effect, his Army Achievement Medal be upgraded to an Army Commendation Medal. The applicant provides copies of: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Army Commendation Medal Certificate * DA Form 638 (Recommendation for Award) * proposed citation for Army Commendation Medal CONSIDERATION OF EVIDENCE: 1. The Commander, 3d Squadron, 2d Armored Cavalry Regiment recommended the award be downgraded to the Army Achievement Medal.
ARMY | BCMR | CY2009 | 20090017881
The applicant requests her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 December 2008 be corrected to show one award of the Meritorious Service Medal (MSM) instead of two awards of the MSM. There are no orders for a second award of the MSM in the applicant's service personnel records. The evidence of record shows the applicant was awarded the Army Commendation Medal.
ARMY | BCMR | CY2006 | 20060001279C070205
The applicant requests, in effect, that his discharge document be corrected to show two awards of the Army Commendation Medal and award of the Combat Action Badge. The applicant contends, in effect, that his discharge document should be corrected to show two awards of the Army Commendation Medal and award of the Combat Action Badge because the awards had not been processed to completion at the time his discharge document was issued. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2008 | 20080011824
On an unknown date in 2005, the applicants immediate commander submitted a DA Form 4187 to the Commanding General, 42nd Infantry Division, recommending the applicant for award of the Combat Action Badge. Furthermore, the applicants records do not contain orders awarding him the Combat Action Badge. On 28 November 2005, the award approval authority (Commanding General, 42nd Infantry Division) downgraded the award and approved an Army Commendation Medal.
ARMY | BCMR | CY2011 | 20110020951
The applicant states: * His Enlisted Record Brief (ERB) shows he was eligible for the Army Good Conduct Medal from 15 April 2006 through 14 April 2009 * He was ordered to active duty in support of Operation Enduring Freedom (OEF) in 2003 and a second time in support of Operation Iraqi Freedom (OIF) in 2006 * He received the two USN expert marksmanship medals and they were recorded on his USN DD Form 215 (Correction to DD Form 214), dated 4 October 2010, after his retirement * The two Army...