IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110010210
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) to show:
* the Army Commendation Medal and Combat Action Badge (2nd Award)
* his rank/grade as sergeant (SGT)/E-5
2. The applicant states the Army Commendation Medal and Combat Action Badge (2nd Award) were awarded in November 2009, after he was issued the DD Form 214. He also states he was promoted to SGT while he was on leave; he achieved the points in September 2009.
3. The applicant provides a DA Form 3355 (Promotion Point Worksheet).
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 12 January 2005 and he held military occupational specialty (MOS) 21B (Combat Engineer). He served in Iraq from 20 January 2006 to 22 February 2007 and from 15 April 2008 to 8 July 2009.
2. Permanent Orders (PO) Number 134-030D, dated 14 May 2006, issued by Headquarters, 101st Airborne Division - Iraq, awarded him the Combat Action Badge for being engaged or engaging the enemy on 1 March 2006.
3. PO Number 353-199, dated 19 December 2006, issued by Headquarters, 1st Brigade, Giessen, Germany, awarded him the Army Commendation Medal for exceptionally meritorious service during the period 15 January 2006 through 18 February 2007.
4. PO Number 136-060, dated 16 May 2009, issued by Headquarters, 555th Engineer Brigade - Iraq, awarded him the Army Commendation Medal for meritorious service during the period 14 April 2008 through 3 July 2009.
5. His Enlisted Record Brief (ERB), dated 1 May 2009, shows the entries "Promotion Points/Year Month - 446, 200903" and "Promotion MOS - 21B2." It also shows he was promoted to the rank/grade of specialist (SPC)/E-4 on 1 August 2008.
6. He was honorably released from active duty on 13 October 2009 in the rank/grade of specialist/E-4 and he was transferred to the U.S. Army Reserve. He completed 4 years, 9 months, and 2 days of creditable active service.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the Army Commendation Medal (2nd Award) and the Combat Action Badge.
8. Department of the Army (DA), U.S. Army Human Resources Command (HRC) Memorandum, dated 21 August 2009, subject: DA Promotion Point Cutoff Scores for 1 September 2009 and Junior Enlisted Issues, shows the cutoff score for promotion to SGT in MOS 21B was 476 in the primary zone (PZ) and 485 in the secondary zone (SZ).
9. DA, U.S. Army HRC Memorandum, dated 22 September 2009, subject: DA Promotion Point Cutoff Scores for 1 October 2009 and Junior Enlisted Issues, shows the cutoff score for promotion to SGT in MOS 21B was 394 in the PZ and 397 in the SZ.
10. The applicant provides a DA Form 3355, dated 26 February 2009, wherein it shows his initial promotion points as 302. However, this form is not complete as it does not contain any points awarded by a promotion board and the form has not been verified or signed by the commander, board recorder, or promotion authority.
11. Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Only one Combat Action Badge may be awarded during a qualifying period. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. The "Global War on Terrorism" which began on 18 September 2001 and includes deployments to Iraq and/or Afghanistan (and selected other locations) is considered "one qualifying period" regardless how many deployments a member performed.
DISCUSSION AND CONCLUSIONS:
1. With respect to the two awards of the Army Commendation Medal, the evidence of record shows the applicant was awarded two awards of the Army Commendation Medal and both are correctly shown on his DD Form 214.
2. With respect to the Combat Action Badge, only one Combat Action Badge may be awarded during a qualifying period. The applicant's DD Form 214 correctly shows the Combat Action Badge.
3. With respect to correction of his DD Form 214 to show his rank as SGT:
a. the evidence of record shows promotion points for 21B2O in both the PZ and SZ did drop below 400 in October 2010. However, there is no evidence in his records and he did not provide any conclusive evidence to show he was eligible for promotion on that date.
b. without a verified DA Form 3355 or ERB dated in August 2009, which shows his total promotion points and that he was in a promotable status at that time, there is insufficient evidence basis to grant him the requested promotion.
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.
ABCMR Record of Proceedings (cont) AR20110010210
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ABCMR Record of Proceedings (cont) AR20110010210
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