IN THE CASE OF: 

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130012299 


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 in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – award of the Bronze Star Medal and Purple Heart
* Item 18 (Remarks) – readjustment pay instead of disability severance pay

2.  The applicant states:

* he was discharged for reaching his retention control point and not for medical reasons
* he desires to have his DD Form 214 corrected for his compensation and pension claim with the Department of Veterans Affairs 
* his DD Form 214 is missing award of the Bronze Star Medal and Purple Heart

3.  The applicant provides:

* self-authored statements
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* Bronze Star Medal Certificate
* Permanent Orders Number 337-4, issued by the Chief, Military Awards Branch (now called the Awards and Decorations Branch), U.S. Army Human Resources Command (HRC), Alexandria, VA, dated 3 December 2005
* DD Form 214
* Orders Number 312-0644, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, dated 8 November 2011
* extracts of Title 10, U.S. Code

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 November 1997.

2.  His Enlisted Record Brief shows he was promoted to the grade of sergeant (SGT) on 1 April 2006.

3.  On 28 October 2011, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, published Orders Number 301-0601 directing his reassignment to the U.S. Army Transition Point for the purpose of release from active duty (REFRAD) effective 14 February 2012.

4.  On 8 November 2011, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, published Orders Number 312-0644 amending Orders Number 301-0601, by assigning the applicant to the 345th Combat Support Hospital, Jacksonville, FL.  This order also shows the applicant was authorized full separation pay.

5.  The applicant was honorably REFRAD on 14 February 2012.  He completed 14 years, 3 months, and 9 days of creditable active military service and his DD Form 214 shows in:

* Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) - his rank/grade as SGT/E-5
* Item 12i (Effective Date of Pay Grade) - 1 April 2006
* Item 13 - no entries for award of the Bronze Star Medal or Purple Heart
* Item 18 - receipt of disability severance pay in the amount of $51,599.70
* Item 26 (Separation Authority) - chapter 4 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations)
* Item 28 (Narrative Reason for Separation) - completion of his required active service

6.  Coordination with the Defense Finance and Accounting Service (DFAS) on the applicant's Master Military Pay Account (MMPA) shows he received readjustment pay in the amount of $52,434.46.
7.  The applicant provides a Bronze Star Medal Certificate for the period 3 December 2004 through 1 October 2005.  The certificate shows his rank as staff sergeant (SSG) and shows the decoration was awarded by Order Number 061-12, dated 2 March 2006.  Records show he was deployed as follows:

* Iraq – 30 December 2003 to 5 February 2004 and 21 September 2005 to 15 September 2006
* Afghanistan – 13 September 2010 to 21 August 2011

The Bronze Star Medal Certificate covers a period of time in which the applicant was not deployed.  Further, there is no evidence the applicant was ever promoted to SSG.  

8.  The applicant also provides a copy of Permanent Orders Number 337-4, dated 3 December 2006, which shows he was awarded the Purple Heart for wounds received as a result of hostile action on 8 November 2006.  This order shows his rank as SGT.  

9.  Coordination with the Awards and Decorations Branch, U.S. Army Human Resources Command, revealed this organization did not publish Permanent Orders Number 337-04.  The first element of the order number is Julian date 337, which corresponds to 3 December 2006.  The Awards and Decorations Branch has certified that it did not publish any orders on that date, which was a Sunday.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation provides that a Soldier will be separated upon the expiration of enlistment or the fulfillment of service obligation.  

11.  Army Regulation 601-280 (Personnel Procurement – Army Retention Program) states a Soldier may not exceed the retention control point by more than 29 days before expiration of contracted service (reenlistment or extension).   Except for Soldiers serving indefinite reenlistments, Soldiers who reach their retention control point during their current enlistment agreement, either through length of service, reduction in rank, or by removal from a promotion list, whether voluntary or involuntary, may serve until contracted Expiration Term of Service, unless they are separated earlier under applicable administrative, physical disability, or UCMJ separation provisions.  Soldiers in the grade of SGT/E-5 have a retention control point not to exceed 15 years.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  For item 18, instructions state to enter the type of pay and amount for a Soldier receiving separation/readjustment or non-disability severance pay.

13.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.    The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's MMPA shows he received readjustment pay instead of disability severance pay; therefore, he is entitled to correction of his DD Form 214 to show the type of pay he received.

2.  The Bronze Star Medal Certificate and Permanent Orders Number 337-4, dated 3 November 2006, provided by the applicant appear to have been altered.  There is no independent corroborating evidence indicating he was awarded the Bronze Star Medal or that he received a wound meeting the criteria for the Purple Heart.  A copy of this certificate is not filed in the applicant's Army Military Human Resource Record (AMHRR).  Further, the applicant's AMHRR is void of any evidence and he does not provide any evidence showing he was deployed on 8 November 2006 or that he sustained an injury while in action against an enemy or as a result of hostile action.  Therefore, he is not entitled to show either of these awards.  





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 removing the entry "disability severance pay" in Item 18 of his DD Form 214 and replacing it with the entry "readjustment pay."

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 adding award of the Bronze Star Medal and Purple Heart to his DD Form 214.




      _______ _ 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)                                         AR20130012299



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ABCMR Record of Proceedings (cont)                                         AR20130012299



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