BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20100030075
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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Bronze Star Medal.
2. The applicant states he was awarded the Bronze Star Medal after the expiration of his term of service. He states his DD Form 214 should be corrected to show his award.
3. The applicant provides a copy of a certificate showing he was awarded the Bronze Star Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 April 2005. He completed training as a human intelligence collector.
2. He served in Iraq from 13 August 2006 to 29 October 2007 and again from 10 November 2008 to 2 November 2009.
3. The applicant was honorably released from active duty (REFRAD) on 5 April 2010. The DD Form 214 he received shows the following awards:
* Army Commendation Medal
* Army Achievement Medal
* Meritorious Unit Commendation (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with Campaign Star
* Army Service Ribbon
* Overseas Service Ribbon
4. There are no orders contained in the applicant's official military record awarding him the Bronze Star Medal.
5. The certificate the applicant submits shows he was awarded the Bronze Star Medal for exceptionally meritorious achievement as an interrogator for the Joint Task Force in support of Operation Iraqi Freedom for the period 12 November 2008 to 30 October 2009. The certificate also shows that he was awarded the Bronze Star Medal on 9 March 2010, which was prior to his REFRAD.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement or discharge.
7. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. There are no orders contained in his official record and the applicant has not submitted any orders showing he was awarded the Bronze Star Medal.
3. Although it is not unreasonable to presume that he was awarded the Bronze Star Medal, until he can provide a copy of the actual orders showing the award, his DD Form 214 should not be amended.
4. In view of the foregoing, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x___ __x______ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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.
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