IN THE CASE OF:
BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20090020007
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 the following:
* change separation date from 1 September 2009 to 15 September 2009 and adjust time served
* award of the Bronze Star Medal
2. The applicant states that neither his separation date nor his Bronze Star Medal are properly reflected in his record.
3. The applicant provides the following documents in support of his application:
* DA Form 638 (Recommendation for Award), dated 28 August 2009
* award certificate for the Bronze Star Medal
* amendment orders, dated 1 September 2009
* memorandum from the U.S. Army Human Resources Command (AHRC), Alexandria, VA
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer on 8 May 2005 and was ordered to active duty in the Regular Army on 9 June 2005.
2. Headquarters, U.S. Army Basic Combat Training Center of Excellence, Fort Jackson, Orders 160-1322, dated 9 June 2009, show the applicant was reassigned to the transition point on 23 July 2009. His date of discharge was listed as 1 September 2009 unless changed or rescinded.
3. AHRC, Alexandria, VA, message, dated 1 September 2009, subject: Unqualified Resignation Date, shows his request to change his separation date from 1 September 2009 to 15 September 2009 was approved.
4. Headquarters, U.S. Army Basic Combat Training Center of Excellence, Fort Jackson, Orders 244-1301, dated 1 September 2009, show the applicant's discharge date was changed from 1 September 2009 to 15 September 2009.
5. The applicant's DD Form 214, which he digitally signed, shows the entry "2009 09 01" in item 12b (Separation Date This Period).
6. His DD Form 214 does not show entitlement to the Bronze Star Medal.
7. The applicant's DA Form 638 shows he was awarded the Bronze Star Medal for meritorious service by AHRC, Alexandria, VA, Permanent Order
Number 260-38, dated 17 September 2009.
8. The applicant is currently serving in the Army National Guard in the rank of captain.
9. Information provided by the Defense Finance and Accounting Service verified that the applicant's last date of pay was 1 September 2009.
10. Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states to enter the Soldier's transition date in block 12b. This date may not be the contractual date if Soldier is separated early, voluntarily extends or is extended to make up for lost time, or retained on active duty for the convenience of the government.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his separation date is not properly reflected in his record is acknowledged. The evidence of record is sufficient as a basis to grant the relief requested.
2. Orders published on 9 June 2009 reassigned the applicant to the transition point with a discharge date of 1 September 2009. This date is recorded in item 12b of his DD Form 214.
3. The applicant provided orders published on 1 September 2009 which shows his separation date was changed from 1 September 2009 to 15 September 2009. This evidence is accepted as sufficient as a basis on which to amend his DD Form 214 to show his separation date as 15 September 2009.
4. The applicant was awarded the Bronze Star Medal for meritorious service from 7 February 2007 to 5 May 2008; therefore, this award should be added to his DD Form 214.
BOARD VOTE:
____x____ ____x____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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. amending his DD Form 214 to add the Bronze Star Medal
b. amending item 12b on his DD Form 214 to show his separation date as 15 September 2009
_____________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) AR20090020007
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020007
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130020931
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct duration of the Reconnaissance and Surveillance Leader Course (RSLC). A thorough review of his record shows he used the social security number as listed on his DD Form 214 throughout his entire period of military service. The DA Form 638 and associated documents awarding him the Bronze Star Medal with "V" Device contain an incorrect social security number.
ARMY | BCMR | CY2009 | 20090001273
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: a. item 12b (Separation Date This Period) to show his date of separation as 28 February 2008 instead of 8 February 2008; b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to add unspecified awards; and c. item 14 (Military Education) to add completion of the Information Operation Qualification Course. Item 12 of the DD Form 214...
ARMY | BCMR | CY2011 | 20110015433
Application for correction of military records (with supporting documents provided, if any). Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. His cumulative service in Iraq and Afghanistan also entitles him to award of the OSR and to have this award added to his DD Form 214.
ARMY | BCMR | CY2010 | 20100008759
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a 3rd award of the Army Commendation Medal, Sapper Tab, Iraq Campaign Medal (ICM) with two bronze service stars, and the Combat Action Badge. The applicant requested correction of his records to show award of the Combat Action Badge. Based on the applicant's service in Iraq from 28 February 2003 to 10 February 2004 and his request for the ICM in lieu of the GWOTEM, he is...
ARMY | BCMR | CY2009 | 20090007834
The applicant requests award of the National Defense Service Medal (NDSM) with a bronze service star and the Armed Forces Reserve Medal (AFRM) with "M" Device. On 30 January 2009, the applicant was released from active duty after completing his required active military service. Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995 and any period between 11 September 2001 and a date to be determined.
ARMY | BCMR | CY2013 | 20130001716
The applicant provides: * DA Form 638 (Recommendation for Award) * EIB certificate * ARCOM and AAM orders * DD Form 214 CONSIDERATION OF EVIDENCE: 1. The certificate provided by the applicant which states he successfully completed EIB training in 2004 and the entry on his DA Form 638 which states he received the EIB are accepted as sufficient evidence on which to base adding the EIB to his DD Form 214. The Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2009 | 20090002756
In support of the request for reconsideration, counsel provides copies of a Memorandum for Record (MFR) from the applicant's former battalion commander, the applicant's Non-Commissioned Officer Report for the period ending October 2004, a DA Form 638 (Recommendation for Award), a Narrative Summary for award of the BSM to the applicant, an advisory opinion from the Military Award Branch to the Army Review Board Agency, electronic mail (email) correspondence from the applicant's former...
ARMY | BCMR | CY2010 | 20100023546
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Bronze Star Medal (BSM) instead of the Army Commendation Medal (ARCOM). Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). Permanent Order 10-009-001 revoked the award of the ARCOM and Permanent Order 357-043 awarded him the BSM for the same period of service in Iraq.
ARMY | BCMR | CY2013 | 20130003668
The applicant requests, in effect, correction of his DA Form 2-1 (Personnel Qualification Record Part II) and his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Iraq Campaign Medal (ICM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) 2. He also requests a "retirement award." The applicant's military service records show that he retired on 31 December 2003.
ARMY | BCMR | CY2008 | 20080010784
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 September 1992 to show award of the Overseas Service Ribbon and the Good Conduct Medal. The applicant provides three applications; two award certificates for the Purple Heart for wounds received on 13 October 2003 and on 22 December 2004; an award certificate for the Bronze Star Medal with V Device; orders for the Army Achievement Medal; Honorable...