BOARD DATE:   8 December 2011

		DOCKET NUMBER:  AR20110010283


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 the Army Commendation Medal and Joint Service Achievement Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests his Reserve service and promotion be added, and correction of his discharge date and education. 

2.  The applicant states he completed his Bachelor of Arts Degree in Education prior to enlisting in the Army.  The Army Commendation Medal and Joint Service Achievement Medal were awarded after the issuance his DD Form 214.  Also, his Reserve duty and promotion occurred after the issuance of the DD Form 214.

3.  The applicant provides copies of:

* Permanent orders showing award of the Army Commendation Medal 
* Permanent orders showing award of the Joint Service Commendation Medal with memorandum and citation
* Orders reassigning him within the U.S. Army Reserve (USAR)
* DA Form 3540 (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment), dated 16 June 2009
* DD Form 4 (Enlistment Contract), dated 15 April 2004
* USAR reassignment orders dated 28 June 2009
* USAR active duty for training (ADT) orders, dated 9 July 2009 and
26 May 2010 
* Promotion orders to staff sergeant E-6, dated 25 August 2010


* Orders discharging him from the USAR, dated 30 November 2010
* Certificate of Graduation from Kangnam University showing he graduated from college on 20 February 2004, with Credential Evaluation and Authentication Report, dated 6 February 2009
* Montgomery GI Bill Forms
* His DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he:

	a.  enlisted in the Regular Army on 15 April 2004.  He was awarded military occupational specialty 35M (Human Intelligence Collector).

	b.   served in Iraq and South Korea.

	c.  was honorably released from active duty on 21 March 2009.  He completed 4 years, 11 months, and 7 days of net active service during the period covered by the DD Form 214. 

2.  The DD Form 214 he was issued shows in:

	a.  item 6a (Grade, Rate, or Rank) - SGT and in item 6b (Pay Grade) - E-5, and

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaigns Ribbons Awarded or Authorized):

* Iraq Campaign Medal
* Army Commendation Medal (2d Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon 
* North Atlantic Treaty Organization Medal  


3.  The applicant provides copies of:

	a.  Permanent Order Number 042-12, dated 14 February 2009, showing he was awarded the Army Commendation Medal for the period 5 March 2007 to
1 April 2008.  This award is posted in his official military personnel file (OMPF) along with one other award of this medal.  His DD form 214 lists 2 awards of the Army Commendation Medal.

	b.  Permanent Order Number 238-12, dated 27 August 2009, with memorandum and award certificate showing he was awarded the Joint Service Achievement Medal for the period 17 to 27 August 2009.  This was for service after his separation date. 

	c.  orders reassigning him within the USAR, dated 26 June 2009.

	d.  DA Form 3540, dated 16 June 2009.

	e.  DD Form 4 (Enlisted Contract) dated 15 April 2004.

f.  USAR reassignment orders, dated 28 June 2009.

	g.  USAR Active Duty for Training (ADT) Orders, dated 9 July 2009, for a period of 19 days plus travel time.

	h.  USAR orders, dated 26 May 2010, for a period of 19 days plus travel time.

	i.  Promotion orders to staff sergeant E-6, dated 25 August 2010.

	j.  Orders discharging him from the USAR, dated 30 November 2010.

	k.  Certificate of Graduation from Kangnam University showing he graduated on 20 February 2004 with Credential Evaluation and Authentication Report, dated 6 February 2009.

4.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It states:

	a.  the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.


	b.  a DD Form 214 will be prepared for Reserve component (RC) Soldiers completing 90 days or more of continuous training or when awarded an MOS.

	c.  enter grade and pay grade at time of separation.

	d.  in item 16b (High School Graduate or Equivalent):  check “YES” or "NO."

DISCUSSION AND CONCLUSIONS:

1.  His records show he was issued a DD Form 214 for the period he was on active duty, which was 15 April 2004 to 21 March 2009.   

2.  The available evidence shows the applicant was ordered to ADT on two occasions, for a period of 19 days each, after issuance of his DD Form 214.  The governing regulation requires a minimum period of 90 days for issuance of a 
DD Form 214 to RC Soldiers performing ADT unless they were awarded an MOS.

3.  Furthermore, his DD Form 214 correctly shows his rank at the time of his release from active duty as SGT.  He acquired additional rank in the USAR after he was released from active duty.

4.  The Army Commendation Medal is posted to his OMPF and his DD Form 214 shows two awards of the Army Commendation Medal. 

5.  The only item on the DD Form 214 that relates to education level is item 
15b which asks a yes or no question about high school graduation.  The evidence he provided showing he graduated from college prior to enlistment is not authorized for entry on his DD Form 214.

6.  The Joint Service Achievement Medal was for service after he was released and is not authorized to be included in the DD Form 214.

7.  The DD Form 214 reflects his situation as of the date he was released from active duty and it is not meant to be a summary of his entire service and could not reflect subsequent events.

8.  The other evidence he provided reflects USAR events that occurred since the issuance of the DD Form 214.

9.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL SHEARING

__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 the 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 the case.

ABCMR Record of Proceedings (cont)                                         AR20100021640



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ABCMR Record of Proceedings (cont)                                         AR20110010283



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