IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100011496 


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 reconsideration of his request for 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 Army Board for Correction of Military Records (ABCMR), Record of Proceedings (ROP), Docket Number AR20090016420, dated 4 February 2010, is in error.

   a.  He states the ROP addressed the fact that he was recommended for award of the  Army Commendation Medal for the period 26 February 2002 to
24 February 2004, but the recommendation was downgraded to an award of the Army Achievement Medal.  He adds that this aspect of the ROP is correct.

   b.  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.  However, a closer examination of the award documents that he provided would have revealed it was an award of the Army Commendation Medal (1st Oak Leaf Cluster).  That is, his second award of the Army Commendation Medal.

   c.  He states he was awarded the Army Commendation Medal for meritorious service in Iraq from 15 October 2007 to 15 January 2009.  Based on the ABCMR ROP, this award appears to have been omitted from his DD Form 214 and is the award that should be added to his military service records.

3.  The applicant provides a copy of his DD Form 214 and two DA Forms 638 (Recommendations for Award) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090016420 on 4 February 2010.

2.  The applicant's records show he enlisted in the Regular Army for a period of
5 years on 21 August 2001.  He was awarded military occupational specialty
11B (Infantryman).  He reenlisted for a period of 4 years on 2 June 2005 and attained the rank of staff sergeant.

3.  A DA Form 4980-14 (The Army Commendation Medal) shows Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, Permanent Order Number 09-084-003, dated 25 March 2009, awarded the applicant the Army Commendation Medal for exemplary service from 5 April 2004 to 1 June 2009. 

4.  The applicant's DD Form 214 shows he was honorably discharged on 1 June 2009.  At the time he had completed 7 years, 9 months, and 11 days of net active service.

   a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), Army Commendation Medal, Army Achievement Medal
(2nd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Iraq Campaign Medal with campaign star, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon
(3rd Award), Combat Infantryman Badge, Ranger Tab, Pathfinder Badge, Parachutist Badge, Air Assault Badge, and Driver and Mechanic Badge with Driver-W (Wheeled) Vehicle Clasp. 

   b.  Item 14 (Military Education) shows the Combat Life Savers Course, Primary Leadership Development Course, TOW [Tactical Optical Wire] Trainer, and Unit Armorer Training.

   c.  Item 18 (Remarks) shows he served in Iraq from 28 September 2005 to
23 September 2006 and from 12 October 2007 to 25 November 2008.

5.  In support of his application, the applicant provides the following documents.
   a.  A DA Form 638, dated 11 August 2008, with a narrative and citation as enclosures, that show the applicant was recommended for award of the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service from 15 October 2007 to 15 January 2009.

       (1)  Part I (Soldier Data), item 8 (Previous Awards), shows the Army Achievement Medal and two awards of the Bronze Star Medal (one with
"V" Device).

       (2)  Part IV (Recommendations/Approval/Disapproval), item 25 (Intermediate Authority), shows the brigade commander downgraded the award recommendation and approved award of the Army Commendation Medal.

       (3)  Part V (Orders Data) shows that Headquarters, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault), Camp Liberty, Iraq, Permanent Order Number 281-010, dated 7 October 2008, announced award of the Army Commendation Medal to the applicant.

   b.  A DA Form 638, undated, that shows the applicant was recommended for award of the Meritorious Service Medal for meritorious service from 5 April 2004 to 1 June 2009.

       (1)  Part I, item 8, shows two awards of the Army Achievement Medal, one Army Commendation Medal, and two awards of the Bronze Star Medal (one with
"V" Device).

       (2)  Part IV, item 26 (Approval Authority), shows the division commander downgraded the award recommendation and approved award of the Army Commendation Medal.

       (3)  Part V shows that Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, Permanent Order Number 09-084-003, dated 25 March 2009, announced award of the Army Commendation Medal (1st Oak Leaf Cluster) to the applicant.

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

7.  The applicant's DD Form 214 shows he was awarded the "Iraq Campaign Medal w/ [with] campaign star" to signify his participation in a campaign.


   a.  Paragraph 2-17 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Iraq Campaign Medal.  It states that one bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.

   b.  It also contains a list of Iraq campaigns and it shows that during the applicant's two tours in Iraq from 28 September 2005 to 23 September 2006 and from 12 October 2007 to 25 November 2008, he participated in the following campaigns:
   
* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)

8.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant successfully completed the Basic Noncommissioned Officer Course (Phase II) at the Henry Caro Noncommissioned Officer Academy, Fort Benning, Georgia, during the period 5 March to 29 March 2007.

9.  Army Regulation 600-8-22 states the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated noncommissioned officer professional development courses.

   a.  The Noncommissioned Officer Professional Development Ribbon consists of the basic ribbon with numeral devices of 2, 3, or 4, which signify satisfactory completion of the respective levels of the Noncommissioned Officer Education System (NCOES) professional development courses.

   b.  The numeral 2 is authorized for completion of the basic level of NCOES.

10.  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.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

   b.  Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214.
   
       (1)  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

       (2)  Item 14 states that from the ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for correction of his DD Form 214 to show two awards of the Army Commendation Medal should be reconsidered because the Board failed to fully consider the evidence he provided in support of his original request.

2.  The evidence of record shows that two separate permanent orders awarded the applicant the Army Commendation Medal:
   
   a.  Permanent Order Number 281-010 announced award of the Army Commendation Medal for meritorious service from 15 October 2007 to
15 January 2009 and

   b.  Permanent Order Number 09-084-003 announced award of the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from 5 April 2004 to 1 June 2009.

   c.  Therefore, it would be appropriate to correct his DD Form 214 to show two awards of the Army Commendation Medal.

3.  The evidence shows the applicant qualified for award of the Iraq Campaign Medal and he served in three campaigns during his service in Iraq. Therefore, it would be appropriate to correct his DD Form 214 to show award of three bronze service stars for wear on his already-awarded Iraq Campaign Medal.

4.  The evidence of record shows the applicant qualified for and was awarded the Noncommissioned Officer Professional Development Ribbon.  The evidence of record also shows he completed the Basic Noncommissioned Officer Course.  Therefore, it would be appropriate to correct his DD Form 214 to show he completed this NCOES course and that he was awarded the Noncommissioned Officer Professional Development Ribbon with Numeral 2.

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 amendment of the ABCMR's decision in Docket Number AR20090016420, dated 4 February 2010.  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 Form 214 the Army Commendation Medal, Iraq Campaign Medal with campaign star, and Noncommissioned Officer Professional Development Ribbon;
   
   b.  adding to item 13 of his DD Form 214 the Army Commendation Medal
(2nd Award), Iraq Campaign Medal with three bronze service stars, and Noncommissioned Officer Professional Development Ribbon with Numeral 2; and

   c.  adding to item 14 of his DD Form 214 the 4-week Basic Noncommissioned Officer Course completed in 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)                                         AR20100011496



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ABCMR Record of Proceedings (cont)                                         AR20100011496



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