BOARD DATE:  24 May 2012

		DOCKET NUMBER:  AR20110023109 


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 Combat Action Badge, Army Commendation Medal, Combat Order of the Spur, and two Certificates of Achievement.

2.  He additionally requests correction of his DD Form 214 as directed by the Army Discharge Review Board (ADRB) in Case Number AR20100027572.

3.  The applicant states he is providing evidence to prove he received the stated awards.  Additionally, the ADRB granted his request to change the narrative reason for his separation to Misconduct (Commission of a Serious Offense) and the Case Report and Directive shows in item X (Board Action Directed) that he would be issued a new DD Form 214 with a change of reason to "Misconduct (Commission of a Serious Offense)," change of the Separation Program Designator (SPD) code to "JKQ," and change of the Reentry (RE) Code to RE-3.

4.  The applicant provides:

* pages 1 and 3 of the ADRB Case Report and Directive (AR20100027572)
* a memorandum from his former battalion commander in Iraq, dated
19 October 2009
* a DA Form 638 (Recommendation for Award) for the period 12 May 2003 to 27 January 2004, dated 22 November 2003


* the corresponding Army Commendation Medal Certificate for the period 12 May 2003 to 27 January 2004
* a Combat Order of the Spur certificate, dated 4 July 2003
* a Certificate of Achievement, dated 1 February 2003
* a Certificate of Achievement, dated 17 July 2003

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his DD Form 214 as directed by the ADRB in Case Number AR20100027572.  On 7 November 2011, a new
DD Form 214 was issued and forwarded to the applicant as directed by the ADRB.  A copy of the new DD Form 214 will be provided with these Proceedings.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

2.  The applicant requested the addition of the Combat Action Badge to his
DD Form 214.  There is no evidence of record and he did not provide any evidence that shows he was awarded the Combat Action Badge.  The Army Board for Correction of Military Records (ABCMR) operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.

3.	Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Since the applicant is no longer on active duty or in an active status, he must request this award by letter.

4.	All requests must contain:

* assignment, attachment, or operational control orders
* a copy of his Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation

5.	Since the applicant has not exhausted administrative remedy with regard to this award, no further action can be taken at this time.  This does not mean the 


applicant has been denied by the ABCMR or that he may not file again.  Should the applicant's case not be satisfactorily resolved and he still feel an error or injustice exists, he may submit his application with evidence of the U.S. Army Human Resources Command's denial of his request.  A new DD Form 149 (Application for Correction of Military Records) is enclosed in that event.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

6.  The applicant enlisted in the Regular Army on 2 August 2001.  He completed training and he was awarded military occupational specialty 92G (Food Service Specialist).

7.  On 29 April 2005, he was discharged.  He completed 3 years, 8 months, and 28 days of creditable active service.  The DD Form 214 he was issued shows in:  

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized the:

* Combat Patch
* Army Achievement Medal (3d Award)
* Presidential Unit Citation (Army)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Overseas Service Bar (2d Award)

	b.  Item 18 (Remarks) "SERVICE in IRAQ 20030511-20040717."

8.  The applicant provides copies of a:

	a.  a memorandum from his former battalion commander in Iraq, dated
19 October 2009, wherein he states that on 21 November 2003 multiple rockets impacted in and around the office and sleeping areas of the applicant's unit.

	b.  a certificate that shows he was awarded the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom (OIF) during the period 12 May 2003 to 27 January 2004 on permanent orders.


	c.  a certificate, dated 4 July 2003, that awarded him the Combat Order of the Spur.

	d.  a Certificate of Achievement from the 2d Battalion, 37th Armor, dated
1 February 2003, for outstanding effort in support of Task Force Iron Dukes during OIF.

	e.  Certificate of Achievement from the 2d Battalion, 37th Armor, dated
17 July 2003, for outstanding effort while assigned as the Duke X-Ray Dining Facility Manager.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It does not include the Order of the Spur.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Army Commendation Medal, Combat Order of the Spur, and two Certificates of Achievement.

2.  Permanent orders awarded the applicant the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.


3.  The evidence shows the applicant received the Combat Order of the Spur and two Certificates of Appreciation; however, there is no provision for entering these certificates on his DD Form 214.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__x___  ___x_____  ___x_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Army Commendation Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show the Combat Order of the Spur Certificate and two Certificates of Appreciation.



      __________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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20110023109



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