IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100017450


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:

	a.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 2004 to show awards of the Bronze Star Medal and Combat Medical Badge and

	b.  correction of his DD Form 214 with a separation date of 14 September 2001 to show he was promoted to sergeant effective 4 February 1999.

2.  The applicant states these awards are not listed on his DD Forms 214.

3.  The applicant provides:

* Orders 40-122, Bravo Company, 82nd Soldier Support Battalion, 82nd Airborne Division, Fort Bragg, NC, dated 9 February 1999, promoting him to sergeant effective 4 February 1999
* Permanent Orders 308-118, Headquarters, 4th Infantry Division (Mechanized), dated 4 November 2003, awarding him the Combat Medical Badge
* Permanent Order 338-42, Headquarters, 4th Infantry Division (Mechanized), dated 4 December 2003, awarding him the Bronze Star Medal for exceptionally meritorious achievement



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant served as a medical laboratory specialist (military occupational specialty 91K) in the Regular Army.  His DD Form 214 for the period ending 14 September 2001 shows he entered active duty on 9 November 1995.  (His Honorable Discharge Certificate shows he was discharged on 13 September 2001.)  It also shows his rank at separation as sergeant with a date of rank of 4 February 1999 (item 12h (Effective Date of Pay Grade)).

3.  The applicant accepted a U.S. Army Reserve commission as a Medical Specialist Corps physician assistant (PA) second lieutenant on 14 September 2001 with concurrent call to active duty.

4.  The applicant served in Iraq as a PA with Headquarters and Headquarters Company, 1st Battalion, 67th Armor, 4th infantry Division.  During his Iraq service, he was awarded the Bronze Star Medal and the Combat Medical Badge.

5.  On 23 July 2004, the applicant requested resignation for the good of the service (RFGOS) under the provisions of paragraph 3-13, Army Regulation 600-8-24 (Officer Transfers and Discharges).  The Deputy Assistant Secretary of the Army (DASA), Army Review Boards Agency (ARBA) DASA accepted the applicant's RFGOS and directed that he be issued a discharge under other than honorable conditions.   Inexplicably, the applicant was separated with an honorable discharge on 30 November 2004.  This DD Form 214 does not list the Bronze Star Medal or the Combat Medical Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests awards of the Bronze Star Medal and Combat Medical Badge be added to his DD Form 214 with an effective date of 30 November 2004 and that his DD Form 214 with effective date of 14 September 2001 be corrected to show he held the rank of sergeant effective 4 February 1999.

2.  Regarding the applicant's DD Form 214 for the period 9 November 1995 through 14 September 2001, the discharge document already shows his rank as sergeant with an effective date of rank of 4 February 1999, thus no relief is required

3.  Regarding the applicant's DD Form 214 for the period 14 September 2001 through 30 November 2004, the applicant was awarded the Bronze Star Medal and the Combat Medical Badge which do not appear in block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).  Therefore, these awards should be added to this DD Form 214.

4.  In processing the applicant's request, it was noted that on 20 October 2004 the DASA (ARBA) approved the applicant's discharge action and directed that his service be characterized as under other than honorable conditions.  In executing the applicant's DD Form 214, the Transition Point at Fort Hood, TX, erroneously characterized his service as honorable.  Therefore, administrative action will be accomplished by ARBA Case Management Division (CMD) to correct the applicant's DD Form 214 to reflect the characterization of service directed by the separation approving authority.

5.  It was further noted that the applicant's effective date of his discharge from an enlisted status is the same date as his acceptance of a USAR commission with concurrent call to active duty.  This is incorrect; this date must be the date prior to his acceptance of a USAR commission.  Therefore, administrative action will be accomplished by ARBA CMD to correct the applicant's effective date of separation on his first DD Form 214 to read 13 September 2001.

BOARD VOTE:

__X_____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* adding the Bronze Star Medal and Combat Medical Badge to his DD Form 214 with an effective date of 30 November 2004

2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned to:

* show an under other than honorable conditions character of service for his DD Form 214 with effective date of 30 November 2004
* to show a date of separation of 13 September 2001 on his first DD Form 214



      ___________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)                                         AR20100017450



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ABCMR Record of Proceedings (cont)                                         AR20100017450



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