IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100017569 


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 earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to:

* show his rank/grade as specialist (SPC)/E-4 instead of private first class (PFC)/E-3
* correct his separation date from 21 October 2005 to 22 October 2005
* add award of the Combat Action Badge

2.  The applicant states he did not have the supporting documents during his earlier submission and that he finally received some of his lost paperwork.  

3.  The applicant provides:

* DD Form 214 and DD Form 215 (Correction to DD Form 214)
* memorandum requesting issuance of a DD Form 215 to correct his separation date
* leave and earnings statement (LES)
* DA Form 4187 (Personnel Action) for advancement to SPC/E-4
* Permanent Orders 035-434 for award of the Combat Action Badge
* DA Form 4187 (Personnel Action) for recommendation for award of the Combat Action Badge


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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060011077 on 5 April 2007.

2.  The applicant submitted a memorandum requesting issuance of a DD Form 215 to correct his separation date, an LES, a DA Form 4187 for advancement to SPC/E-4, and orders awarding him the Combat Action Badge, which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) in the rank/grade of PFC/E-3 on 15 October 2002 having prior service in the USAR. 
He held military occupational specialties 21B (Combat Engineer) and 11B (Infantryman).

4.  He was ordered to active duty on 8 October 2004 in support of Operation Iraqi Freedom.  He attended the Combat Engineer Course from 23 October 2004 through 4 November 2004.  The DA Form 1059 (Service School Academic Evaluation Report) he was issued shows his rank as PFC.  He subsequently served in Iraq from 31 December 2004 to 28 September 2005.  He was assigned to Company B, 467th Engineer Battalion.

5.  He was honorably released from active duty on 21 October 2005.  His DD Form 214 shows the following entries:

* item 4a (Grade, Rate, or Rank) - "PFC"
* item 4b (Pay Grade) - "E-3"
* item 12h (Effective Date of Pay Grade) - "2002  10  15"
* item 12a (Date Entered Active Duty This Period) - "2004  10  08"
* item 12b (Separation date This Period) - "2005  10  21"
* item 12c (Net Active Service This Period) - "0001  00  14"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons awarded or Authorized) shows the Iraq Campaign Medal but not the Combat Action Badge

6.  He submitted the following documents:

	a.  A memorandum, dated 21 October 2005, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, addressed to the Commander, U.S. Army Human Resources Command, St. Louis, MO, requests the issuance of a DD Form 215 to correct the applicant's separation date from 21 to 22 October 2005 and his net service from 1 year and 14 days to 1 year and 15 days.

	b.  An LES, dated 15 June 2005, shows he received basic pay and allowances in the grade of E-4.  Additionally, the "Remarks" block shows he was promoted to the grade of E-4 on 22 January 2005.

	c.  A DA Form 4187, dated 14 February 2005, shows he was promoted to SPC/E-4 on 14 February 2005 by his commander (a first lieutenant), while assigned to Headquarters and Headquarters Detachment, Engineer Brigade, 42nd Infantry Division.  His official records contain a second DA Form 4187, dated 15 February 2005, that also shows he was promoted to SPC/E-4 effective 22 January 2005 by his commander (a colonel) while assigned to the same unit.

	d.  A DA Form 4187, dated 14 July 2005, recommends him for award of the Combat Action Badge for engaging the enemy in Iraq in February 2005.  The DA Form 4187 lists his rank as SPC.

	e.  Permanent Orders 035-434, dated 4 February 2006, issued by Headquarters, 42nd Infantry Division (Mechanized), awards him the Combat Action Badge for actively engaging or being engaged by the enemy on 8 February 2005.  The orders also list his rank as SPC.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders), item 12h shows the effective date of the rank or grade, and item 12b shows the Soldier's transition date.  The transition date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for makeup of lost time, or is retained on active duty for the convenience of the government.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  Some evidence of record shows he was released from active duty on 21 October 2005.  However, his records contain a memorandum wherein an official at his installation separation branch requested adjustment of the applicant's separation date by 1 day.  It appears that he was retained on active duty an extra day, but no one issued him a DD Form 215 to adjust the separation date.  Therefore, he is entitled to correction of his DD Form 214 to show the correct separation date and net service performed during the period covered by the DD Form 214.

2.  His official records contain a DA Form 4187 advancing him to SPC/E-4 effective 22 January 2005.  He submitted another DA Form 4187 advancing him to SPC/E-4 effective 14 February 2005.  The effective date of 22 January 2005 is consistent with the date shown on his June 2005 LES.  Therefore, he is entitled to correction of his DD Form 214 to show the correct rank, pay grade, and effective date.

3.  Permanent orders awarded the applicant the Combat Action Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  The evidence of record shows the applicant served in Iraq from 31 December 2004 to 28 September 2005 and he was awarded the Iraq Campaign Medal.  He also participated in the Iraqi Governance (29 June 2004-15 December 2005) and the National Resolution (16 December 2005-9 January 2007) campaigns.  Therefore, he is entitled to award of two bronze service stars to be affixed with the Iraq Campaign Medal and correction of his records to show this award.

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 is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20060011077, dated 5 April 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from items 4a and 4b of his DD Form 214 the entries "PFC" and "E-3" and adding the entries "SPC" and "E-4," respectively
* deleting from items 12b and 12c the entries "2005  10  21" and "0001  00  14" and adding the entries "2005  10  22" and "0001  00  15," respectively
* deleting from item 12h of his DD Form 214 the entry "2002  10  15" and adding the entry "2005  01  22"
* adding to item 13 of his DD Form 214 the Combat Action Badge and two bronze service stars to be affixed to his already-awarded Iraq Campaign Medal



      _______ _   _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)                                         AR20100017569



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ABCMR Record of Proceedings (cont)                                         AR20100017569



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