IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110010275
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was released from active duty (REFRAD) in the rank of specialist (SPC)/pay grade E04 and that he was awarded the Army Achievement Medal with Oak Leaf Cluster (AAM 1OLC) and Meritorious Unit Commendation (MUC).
2. The applicant states he was REFRAD in pay grade "E04." Additionally, he was awarded the AAM 1OLC and the MUC and they are not reflected on his
DD Form 214.
3. The applicant provides a copy of his DD Form 214, a copy of his promotion instrument, copies of his AAM certificates with the order numbers indicated, and a copy of the orders awarding his unit the MUC.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U.S. Army Reserve (USAR) on 10 May 2004 for a period of 8 years, training as a wheel vehicle mechanic and a cash enlistment bonus. He completed his one-station unit training at Fort Jackson, South Carolina.
3. On 29 August 2006, he was ordered to active duty in support of Operation Iraqi Freedom. He deployed to Iraq with the 952d Engineer Company on
1 November 2006 and on 23 July 2007 he was advanced to the rank and pay grade of SPC E-4.
4. On 1 November 2007, he departed Iraq and was transferred to Fort Hood, Texas where he was REFRAD on 21 November 2007 due to completion of required service. He had served 1 year, 2 months, and 23 days of active service this period. His DD Form 214 issued at the time of his REFRAD shows he was REFRAD in the rank and pay grade of PFC/E-3 with a date of rank (DOR) of
15 April 2005. It also shows he was awarded the Army Commendation Medal (2d Award), AAM, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Reserve Medal with "M" Device.
5. The documents the applicant submitted with his application show he was advanced to pay grade E-4 on 23 July 2007 while deployed in Iraq. Additionally, he was awarded two awards of the AAM and his unit was awarded the MUC.
6. A review of his official records also show the applicant was awarded the Driver's Badge with wheel bar on 28 November 2005 and he was awarded the Mechanic Badge on 31 September 2007.
7. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that information contained on the
DD Form 214 will be obtained from official records that are in effect at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and appear to have merit. He was serving in the rank of SPC E-4 at the time of his REFRAD and his DD Form 214 incorrectly reflects that he was REFRAD in the pay grade of E-3. Accordingly, his DD Form 214 should be corrected at this time.
2. The applicant was awarded two awards of the AAM; however, his DD Form 214 reflects only one award. Accordingly, his additional award of the AAM should be added at this time.
3. The applicant's unit was subsequently awarded the MUC during the period he served with the unit in Iraq. Accordingly, this award should be added to his
DD Form 214 at this time.
4. Additionally, his records show that he was awarded the Driver's Badge with wheel bar on 28 November 2005 and he was awarded the Mechanic Badge on 31 September 2007. Accordingly, they should be added to his DD Form 214 at this time.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was 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 his DD Form 214 for the period ending 21 November 2007 by:
* deleting "PFC" from block 4a and adding "SPC"
* deleting "E03" from block 4b and adding "E04"
* deleting "2005 04 15" from block 12h and adding "2007 07 23"
* deleting "Army Achievement Medal" from block 13 and adding "Army Achievement Medal 1OLC"
* adding "MUC," "Driver's Badge with Wheel Bar," and "Mechanic Badge" to block 13
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are
deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20110010275
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ABCMR Record of Proceedings (cont) AR20110010275
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