IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100027853
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 that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge; that the reason for his discharge be changed from misconduct, commission of a serious offense to voluntary; and that the National Defense Service Medal (NDSM), Army Service Ribbon (ASR), and Combat Action Badge (CAB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was told he was to receive a general discharge. As for the awards, he contends he earned these awards.
3. The applicant provides his Enlisted Record Brief, his DD Form 214, a memorandum from the acting chief of a transition center, a memorandum from a defense counsel, and a memorandum from an appellate defense counsel.
CONSIDERATION OF EVIDENCE:
1. That portion of the applicant's request that pertains to changing the reason for his discharge and characterization of his service is not being considered by the Board. The applicant has not exhausted his administrative remedies by applying to the Army Discharge Review Board (ADRB). As such, that portion of his request has been sent to the ADRB for its review.
2. The applicant's records show he enlisted in the Regular Army on 13 July 2005 and was awarded the military occupational specialty of armor crewman.
3. On 22 July 2008, the applicant was convicted by a general court-martial and sentenced to 23 months confinement.
4. The applicant's records do not contain orders for the CAB.
5. On 6 November 2009, the applicant was given a UOTHC discharge for misconduct, commission of a serious offense. The DD Form 214 he was issued has "NONE/NOTHING FOLLOWS" in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). His DD Form 214 indicates he was separated on temporary records.
6. Army Regulation 600-8-22 (Military Awards) states that effective 1 August 1981, an individual is qualified for the Army Service Ribbon after completion of an MOS producing course.
7. Army Regulation 600-8-22 provides that the NDSM is awarded for honorable active service from 11 September 2001 to a date to be determined.
8. Army Regulation 600-8-22 states the requirements for award of the CAB are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.
DISCUSSION AND CONCLUSIONS:
1. By virtue of the applicant's service, he is entitled to the ASR and the NDSM and it would be appropriate to add those service medals to his DD Form 214.
2. However, there are no orders in his records awarding him the CAB. As such, there is insufficient evidence in which to add that badge to his 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 adding the ASR and NDSM to his DD Form 214.
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 the CAB.
_______ _ _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) AR20100027853
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ABCMR Record of Proceedings (cont) AR20100027853
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