IN THE CASE OF:
BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130005418
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 records to show he was awarded the Army Commendation Medal with "V" Device.
2. The applicant states he was presented the medal and the orders but the approval authority, the brigade commander, had already departed by that time. The approval authority signed the DA Form 638 (Recommendation for Award) but did not sign the award certificate.
3. The applicant provides copies of the DA Form 638, Certificate for the Army Commendation with "V" Device, his DD Form 214 (Certificate of Release or Discharge from Active Duty), and his DD Form 215 (Correction to DD Form 214).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 October 2003, completed training as an infantryman, and served in Iraq.
2. The DA Form 638 shows that, on 21 March 2006, his company commander recommended him for the Army Commendation Medal with "V" Device. The chain of command recommended approval. However, the award approval authority, the brigade commander, completed item 26d (Approval Authority) by writing "ARCOM" in the "Downgrade" portion.
3. When Part V (Orders Data) was completed the number Permanent Orders 158-015, 3d Brigade, 3d Infantry Division, dated 6 June 2006, was assigned. Item 29 (Approved Award) shows, "ARCOM 'V'."
4. The applicant was separated on 20 October 2006 on incomplete records and the awards portion of his DD Form 214 was noticeably incomplete.
5. On 28 January 2013 U.S. Army Human Resources Command, Permanent Orders 028-08 amended Permanent Orders 158-015, 3d Brigade, 3d Infantry Division, dated 6 June 2006, to read Army Commendation Medal. A DD Form 215 was issued to properly add the applicant's awards to his previously-issued DD Form 214.
6. Taken together the DD Form 214 and 215 show the applicant's authorized awards as the Army Commendation Medal with one bronze oak leaf cluster, Army Achievement Medal, Iraq Campaign Medal with two bronze service stars, Combat Infantryman Badge, National Defense Service Medal, Global War on Terrorism Service Medal, and the Parachutist Badge.
DISCUSSION AND CONCLUSIONS:
1. The award approval authority clearly approved the Army Commendation Medal and not the Army Commendation Medal with "V" Device.
2. The erroneous order, Permanent Orders 158-015, 3d Brigade, 3d Infantry Division, dated 6 June 2006, has been corrected.
3. The applicant's DD Form 214 and DD Form 215 provide an accurate comprehensive listing of his authorized awards.
4. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
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) AR20130005418
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ABCMR Record of Proceedings (cont) AR20130005418
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