IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100019300 


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) ending on 5 January 2010 to show:

	a.  all of his active duty service; and

	b.  to properly list all of his authorized awards and badges.

2.  The applicant states all of his awards were not entered on his DD Form 214 because Soldiers were pushed through [processing] to go home.  Documents showing proof of awards were not accepted at the time.  He contends that he was assigned to the United States Submarine (USS) Los Angeles (Sub-Surface Nuclear (SSN) 688) from August 2002 to July 2005.

3.  The applicant provides the following documents:

	a.  DD Form 214 from the U.S. Navy, ending on 1 January 2008; 

	b.  DD Form 214 from the U.S. Army, ending on 5 January 2010; 

	c.  DD Form 220 (Active Duty Report) dated 24 March 2008;

	d.  Eleven orders for active duty or temporary duty dated from 21 April through 13 November 2008;	

	e.  two letters from Headquarters, Multinational Task Force, Camp Bondsteel, Kosovo, dated 5 and 10 September 2009;

	f.  Award Certificate for the Non Article 5 North Atlantic Treaty Organization (NATO) Medal, for the period 15 February to 15 November 2009;

	g.  DA Form 638 (Recommendation for Award) dated 10 October 2009; and

	h.  a data sheet from the Department of the Navy website showing 14 Unit awards for the USS Los Angles SSN 688.  

CONSIDERATION OF EVIDENCE:

1.  At the time of the applicant's application, he was a sergeant, pay grade E-5, in the California Army National Guard (ARNG).

2.  The evidence available to this Board regarding the applicant's issue concerning his active duty service shown on his latest DD Form 214 is insufficient for determining the exact amount of active duty he has served.  The orders provided by the applicant indicate when he was ordered to active duty or ordered for temporary duty, but they do not provide evidence of actual service.  The applicant is advised to address this issue to personnel within his ARNG unit.  Accordingly, this issue will not be further discussed in these proceedings.

3.  A DD Form 214, ending on 1 January 2008, for service in the U.S. Navy, as provided by the applicant, shows his last duty assignment was with the Naval Hospital located in Lemoore, California, and that he is authorized the following awards:

* Meritorious Unit Commendation
* Navy "E" Ribbon
* Good Conduct Award (2)
* Navy Expeditionary Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Sea Service Deployment Ribbon (2)
* Expert Rifleman Medal
* Expert Pistol Shot Medal
* Submarine Insignia

4.  The 5 September 2009 letter from Headquarters, Multinational Task Force (East), as provided by the applicant, states that he was awarded the NATO Medal for service in the Balkans.  The applicant also provided a copy of the NATO certificate showing the period for this NATO award was from 15 February to 15 November 2009.

5.  The 10 September 2009 letter from Headquarters, Multinational Task Force (East), as provided by the applicant, states he was awarded the Army Good Conduct Medal for the period 2 December 2008 to 2 December 2009, for his exemplary behavior, efficiency, and fidelity in active federal military service in support of Operation Enduring Freedom for Kosovo forces.

6.  A DA Form 638, dated 10 October 2009, as provided by the applicant, states that he was recommended for award of the Army Achievement Medal for the period 7 May to 15 November 2009, for exceptionally meritorious service.  Part  V - Orders Data, indicates that Permanent Orders Number 309-001, dated 
4 November 2009, authorized this award.

7.  The data sheet from the Department of the Navy website showing 14 Unit awards for the USS Los Angeles SSN 688 indicates that it was awarded the Meritorious Unit Commendation during the periods 1 February to 1 August 2003; and 1 November 2004 to 31 May 2005. 

8.  DD Form 214, ending on 5 January 2010, as provided by the applicant, indicates his last active duty assignment was at Fort Lewis, Washington.  He was released from active duty and transferred back to his ARNG unit located in Long Beach, California.  His authorized awards are shown as:

* Navy and Marine Expeditionary Medal
* U.S. Navy Submarine Insignia
* Meritorious Unit Commendation
* U.S. Navy "E" Ribbon
* Navy Good Conduct Medal (2nd award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Medal
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Navy Sea Service Deployment Ribbon (2nd award)
* Kosovo Campaign Medal with bronze service star

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 ending on 5 January 2010 should be corrected to show, in proper order, all of his authorized awards and badges.
	
2.  The applicant contends that he was assigned to the USS Los Angeles (SSN 688) from August 2002 to July 2005 and is therefore authorized award of two Meritorious Unit Commendations.  However, he has not provided sufficient documentary evidence of this assignment.  Accordingly, this portion of his request is not adequately supported by the available evidence and should be denied.

3.  Records show that permanent orders awarded the applicant the Army Achievement Medal.  Therefore, this award should be shown on his latest DD Form 214.

4.  The available evidence clearly shows that the applicant was awarded the Army Good Conduct Medal for the period ending on 2 December 2009.  Therefore, this award should be shown on his latest DD Form 214.

5.  The available evidence clearly shows that the applicant was awarded the NATO Medal for his service in Kosovo.  Therefore, his latest DD Form 214 should be corrected to show this non-US service award.

6.  Furthermore, all awards shown on the applicant's DD Form 214 covering his service in the U.S. Navy should be reflected on his latest 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 deleting all entries from Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 ending on 
1 January 2010 and adding:

* Army Achievement Medal
* Navy and Marine Expeditionary Medal
* Meritorious Unit Commendation
* U.S. Navy "E" Ribbon
* Army Good Conduct Medal
* Navy Good Conduct Medal (2nd award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Medal
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Navy Sea Service Deployment Ribbon (2nd award)
* Kosovo Campaign Medal with bronze service star
* U.S. Navy Submarine Insignia
* Sea Service Deployment Ribbon (2)
* NATO Medal
* Expert Rifleman Medal
* Expert Pistol Shot Medal
* Submarine Insignia
	
2.  The Board further determined that the evidence presented was 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 showing award of two additional Meritorious Unit Commendations for service while in the U.S. Navy.   




      ____________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)                                         AR20100019300





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ABCMR Record of Proceedings (cont)                                         AR20100019300



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