IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110005855
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) for the period ending 22 September 2008 to show the Bronze Star Medal and shoulder sleeve insignia-former wartime service
(SSI-FWTS).
2. The applicant states he is submitting the supporting documents for his request.
3. The applicant provides:
* his DD Form 214 for the period ending 22 September 2008
* Orders 10-126-00025
* Bronze Star Medal Certificate with Permanent Order Number 141-68
* DA Form 638 (Recommendation for Award)
* Deputy, Chief of Staff Memorandum; subject: Request for Authorization to Wear the 2nd "MEF" (Forward) Logo Patch as SSI-FWTS
* II Marine Expeditionary Force Memorandum; subject: Request for Authorization to Wear the II Marine Expeditionary Force (Forward) Logo Patch as SSI-FWTS
* List of Eligible US Army Individual Augments
* Copy of email; subject: "Combat Patch" Authorization
* Headquarters, U.S. Army Materiel Command Memorandum; subject; U.S. Army Materiel Command SSI-FWTS Implementation Guidance
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was ordered to active duty from his U.S. Army Reserve unit on 15 April 2007 in support of Operation Iraqi Freedom.
2. His DD Form 214 for the period shows he was released from active duty on 22 September 2008. This form shows he completed a total of 1 year, 5 months, and 8 days of creditable active service during this period.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Bronze Star Medal. Item 18 (Remarks) of this form shows he was authorized to wear
SSI-FWTS.
4. Headquarters, U.S. Army Central Command, G1 Permanent Orders Number 141-68, dated 21 May 2009, awarded him the Bronze Star Medal for meritorious service in support of Operation Iraqi Freedom during the period 15 April 2007 to 31 July 2008.
5. The applicant provided documents showing he was authorized to wear designated SSI-FWTS.
6. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a combat patch. The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the Bronze Star Medal. Therefore, he is entitled to have this medal added to his DD Form 214.
2. Regulatory policy does not provide for entry of uniform wear items such as the SSI-FWTS on a DD Form 214. As such, there is no basis for adding the
SSI-FWTS to his DD Form 214.
3. However, item 18 already shows he was authorized to wear the SSI-FWTS. It has long been an unwritten policy of the ABCMR not to make an applicant worse off than when he applied to the ABCMR. For this reason, the ABCMR will not delete this entry from his DD Form 214.
4. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 adding the Bronze Star Medal to item 13 of this DD Form 214.
_______ _ 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) AR20110005855
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ABCMR Record of Proceedings (cont) AR20110005855
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