IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20110000030
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to add the Meritorious Service Medal (MSM), Army Good Conduct Medal (AGCM) (9th Award), and Meritorious Unit Commendation (MUC) (2nd Award).
2. The applicant states the awards were either received or orders obtained after issuance of his retirement DD Form 214.
3. The applicant provides the following documents in support of his application:
* MUC Permanent Orders 355-02, dated 21 December 2009
* MUC Permanent Orders 118-13, dated 28 April 2010
* DA Form 638 (Recommendation for Award), dated 24 August 2010
* AGCM Permanent Orders 312-5, dated 8 November 2010
* Enlisted Records Brief (ERB)
CONSIDERATION OF EVIDENCE:
1. The record shows the applicant retired on 31 October 2010 in the rank of master sergeant/E-8 after completing 27 years and 4 days of active military service.
2. Section VIII (Awards and Decorations) of the applicant's ERB and item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued on 31 October 2010 do not include the MSM (3rd Award), AGCM (9th Award), and MUC (2nd Award) in the list of earned awards entered. Section IX (Assignment Information) shows he was assigned to the 4th Brigade Combat Team, 1st Armored Division, Fort Bliss, Texas, from 1 July 2007 through 31 October 2010.
3. The applicant provides a DA Form 638, dated 24 August 2010, which shows he was recommended for the Legion of Merit (LOM) for meritorious service during the period 31 October 2000 through 31 October 2010. It further shows the awards approval authority downgraded the LOM to the MSM on 1 September 2010 and the applicant was awarded the MSM (3rd Award) in Headquarters, Fort Bliss, Orders 278-01 on 19 October 2010.
4. The applicant also provides Special Troops Battalion, 4th Brigade Combat Team, 1st Armored Division, Fort Bliss, Permanent Orders 312-5, dated 8 November 2010, which awarded him the AGCM (9th Award). He also provides Headquarters, Department of the Army (HQDA), Permanent Orders 355-02, dated 21 December 2009, and HQDA Permanent Orders 118-13, dated 28 April 2010, which awarded his unit the MUC for the periods 31 October 2006 through 30 September 2007 and 7 May 2009 through 18 April 2010, respectively.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. It states all awards earned during a military career will be entered in item 13.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to add the awards in question to his 31 October 2010 DD Form 214 has been carefully considered and is found to have merit.
2. By regulation, all awards earned during a military career will be listed in item 13 of the DD Form 214. The DA Form 638 and award orders provided by the applicant confirm he earned the third award of the MSM, ninth award of the AGCM, and two awards of the MUC. As a result, it would be appropriate to add these awards to his record and DD Form 214.
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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his 31 October 2010 DD Form 214 to add the MSM (3rd Award), AGCM (9th Award), and MUC (2nd Award).
_______ _ 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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