IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000558 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), item 23 (Type of Separation), item 26 (Separation Code), and item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 September 2007.

2.  The applicant states the DD Form 214 limits his ability to reenter the service because of the lack of a reentry (RE) code and his assigned separation program designator (SPD) code.  He states the update was accomplished upon his return from the theater and he was separated more than a year after this.

3.  The applicant provides a copy of the following documents:

* his Honorable Discharge Certificate
* his Army Commendation Medal (ARCOM) Certificate 
* his Army Achievement Medal (AAM) Certificate
* his Certificate of Achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that on 21 August 2006, while serving as a member of the U.S. Army Reserve (USAR), he was ordered to active duty in support of Operation Iraqi Freedom.

2.  The applicant served in Iraq from 13 October 2006 through 25 August 2007, and he was released from active duty (REFRAD) and returned to his USAR unit on 19 September 2007.

3.  The DD Form 214 he was issued upon his REFRAD on 19 September 2007 shows he held the rank/grade of specialist (SPC)/E-4 and he completed 1 year and 29 days of active service during the period covered by the DD Form 214.

4.  Item 13 of this DD Form 214 shows that as of the date of his REFRAD, he earned the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with “M” (Mobilization) Device

5.  Item 23 of the applicant’s DD Form 214 contains the entry “Release from Active Duty,” item 26 contains the entry “LBK,” and item 27 contains the entry “NA” [Not Applicable].

6.  On 3 January 2009, the applicant was honorably discharged from the USAR.  

7.  The applicant provides a certificate that shows he was awarded the Army Commendation Medal for meritorious service in Iraq from 21 August 2006 to
21 August 2007 by 3rd Support Battalion Permanent Order 196-196, dated
12 August 2007.

8.  The applicant also provides a certificate that shows he was awarded the Army Achievement Medal for meritorious service while assigned to his Reserve unit from 4 January 2001 to 3 January 2008 by 462nd Transportation Battalion, Trenton, NJ, Permanent Order Number 08-347-01, dated 12 December 2008.

9.  He also provides a Certificate of Achievement and an honorable discharge certificate from the USAR, both dated subsequent to his REFRAD.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

11.  Chapter 2 of this regulation contains guidance on preparation of the DD Form 214.  It states the DD Form 214 a summary a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also contains item-by-item preparation instructions for the DD Form 214.  The instructions are as follows for the items listed:

   a.  Item 13 - list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records.  Army Regulation 600-8-22, in pertinent part, gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

   b.  Item 23 - enter one of the following types of separation:
*  Release from active duty
*  Discharge
*  Retirement
*  Release from active duty and order to active duty in another status
*  Release from ADT [active duty for training]
*  Release from custody and control of the Army
*  Release from ADT and discharge from the Reserve of the Army and return to the ARNG [Army National Guard]
   c.  Item 26 - Obtain correct entry from Army Regulation 635-5-1 (SPD Codes), which provides the corresponding SPD code for the regulatory authority and reason for separation; and 

   d.  Item 27 - Is not applicable to Reserve Component Soldiers being separated for other than cause.

12.  Paragraph 2-6 of the same regulation provides guidance on alterations and corrections of the DD Form 214.  There are no provisions for correcting the DD Form 214 to add information on accomplishments completed subsequent to the effective date of the DD Form 214 (separation date).

13.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214.  It identifies the SPD code of MBK as the appropriate code to assign members voluntarily REFRAD under the 


provisions of chapter 4. Army Regulation 635-200, by reason of completion of required active duty service.  The SPD code of LBK is used for involuntary REFRAD of Regular Army (RA) Soldiers who are barred from reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that item 13 should be corrected to add awards earned during the period covered by the DD Form 214 has been carefully considered and found to have merit.

2.  By regulation, all awards earned during military service as of the date of separation from active duty will be entered in item 13 of the DD Form 214.  The evidence of record confirms the applicant was awarded the Army Commendation Medal for meritorious service during the period 21 August 2006 to 21 August 2007, which is included in the period covered by the DD Form 214 for the period ending 19 September 2007.  Therefore, it would be appropriate to add this award to item 13 of the DD Form 214 in question.

3.  The evidence of record also confirms the applicant was awarded the Army Achievement Medal for meritorious service during the period 4 January 2001 to
3 January 2008.  However, the period of service for this award is subsequent to the applicant's REFRAD on 19 September 2007.  Therefore, there is no basis for adding this award to his DD Form 214 for the period ending 19 September 2007.

4.  The applicant is advised that certificates of achievement are local recognition and are not included in the list of authorized awards in the Army’s awards regulation.  As a result, they are not authorized to be entered in item 13 of his DD Form 214.

5.  By regulation, the appropriate SPD code to assign USAR Soldiers voluntarily REFRAD at the completion of their required active duty service is MBK.  The applicant’s DD Form 214 erroneously lists the SPD code of LBK, which is applicable to RA Soldiers who are REFRAD at the expirations of their term of service who have been barred from reenlistment.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 by deleting from item 26 the SPD code of LBK and replacing it with the SPD code of MBK.

6.  By regulation, item 23 will contain the applicable type of separation and item 27 is not applicable to RC Soldiers separated other than for cause.  The evidence confirms item 23 of the applicant’s DD Form 214 appropriately contains the entry “Release from Active Duty” which is applicable for Reserve Soldiers 


who are separated and returned to their USAR unit.  Item 27 appropriately contains the entry “NA” which is applicable to RC Soldiers REFRAD other than for cause.  Therefore, there is an insufficient evidentiary basis to support correction of items 23 and 27 of the applicant’s DD Form 214.

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.  adding to item 13 of his DD Form 214 for the period ending 19 September 2007 the Army Commendation Medal and

   b.  deleting from item 26 of his DD Form 214 for the period ending
19 September 2007 the entry "LBK" and replacing it with the entry "MBK."

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 adding additional awards to item 13 and correction of items 23 and 27 of his DD Form 214 for the period ending 19 September 2007.



      ___________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)                                         AR20100000558



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ABCMR Record of Proceedings (cont)                                         AR20100000558



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