BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130012490 


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) for the period ending 11 May 2001 to show in:

	a.  Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) his rank and pay grade as captain (CPT)/O-3 instead of first lieutenant (1LT)/O-2;

	b.  Item 12a (Date Entered Active Duty This Period) he entered active duty on 10 June 2000 instead of 15 August 2000;

	c.  Item 12c (Net Active Service This Period) he completed 11 months of active duty instead of 8 months and 27 days of active duty; 

   d.  Item 12h (Effective Date of Pay Grade) his date of rank to CPT as 10 April 2000 instead of 30 July 1996; and 

	e.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) award of the:

		(1)  Humanitarian Service Medal (HSM)
		(2)  Armed Forces Service Medal (AFSM)
		(3)  North Atlantic Treaty Organization (NATO) Medal (2nd Award)
		(4)  Overseas Service Ribbon (OSR) 
		(5)  Army Achievement Medal (AAM) (4th Award)
		(6)  Meritorious Service Medal (MSM)
		(7)  Military Outstanding Volunteer Service Medal (MOVSM)
		(8)  Army Lapel Button
		(9)  Driver and Mechanic Badge with Driver "W" Bar
		(10)  Expert Marksmanship Qualification Badge with Squad Automatic Weapon Bar (M-249)
		(11)  Expert Marksmanship Qualification Badge with Grenade Bar (M-203 Grenade Launcher)
		(12)  Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber and 9 millimeter) 
		(13)  Sharpshooter Marksmanship Qualification Badge with TOW Gunner Missile Bar 

2.  He states several awards were authorized after his service in Bosnia, in the Former Yugoslavia, and for periods of service prior to the close-out of his DD Form 214.  He was awarded the MSM during his tour along with other awards that were authorized after his return.  

3.  He provides:

* Self-authored statement
* Two DD Forms 214 
* Two DD Forms 215 (Correction to DD Form 214)
* Two letters from the National Personnel Records Center
* Letter, dated 15 April 2013, from the U.S. Army Human Resources Command, Awards and Decorations Branch, Fort Knox, KY
* DA Form 2-1 (Personnel Qualification Record)
* Three Oklahoma Army National Guard (OKARNG) Forms 38-E (Request for Service Awards)
* Four award certificates for the AAM with accompanying DA Forms 638-1 (Recommendation for Award)
* Award certificate for the MSM with DA Form 638 and orders
* DA Form 638 for second award of the MOVSM
* Two certificates for the NATO Medal
* Orders for award of the Driver and Mechanic Badge with Driver-W Bar
* ARPC (Army Reserve Personnel Center)Form 249-E (Chronological Statement of Retirement Points)
* Separation orders with amendment orders
* Active duty orders
* Army Board for Correction of Military Records (ABCMR) - Record of Proceedings


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 28 December 1988 and was discharged on 30 July 1993.  On 31 July 1993, he was appointed as a commissioned officer in the rank of second lieutenant.  He was ordered to active duty for training (ADT) on 11 September 1993 and was honorably released from ADT on 19 January 1994.  He completed 4 months and 9 days of active duty during this period.  

2.  He was promoted to first lieutenant (1LT) on 30 July 1996.  

3.  Orders 115-147 published by the OKARNG on 24 April 2000 show he was ordered to annual training (AT) from 10 to 24 June 2000 (14 days).

4.  Orders 130-181 published by the OKARNG on 9 May 2000 show he was ordered to active duty for special work (ADSW) for the period 25 June to 14 August 2000 (51 days).  

5.  On 15 August 2000, he was ordered to active duty in support of Operation Joint Forge.  He served in Bosnia from 9 September 2000 to 27 March 2001.

6.  He provided the following documents which indicate:

	a.  Award certificate, dated 10 February 1995 and Headquarters, 1st Battalion, 179th Infantry Permanent Order 95-19, dated 10 February 1994, he was awarded the AAM for the period 6 through 23 July 1994; 

	b.  Award certificate, dated 10 July 1994, and DA Form 638-1, dated 23 August 1993, he was awarded the AAM for the period 1 March through 1 June 1992 by Headquarters, 1st Battalion, 179th Infantry, Permanent Order (PO) Number 94-76, 10 July 1994;

	c.  Award certificate and DA Form 638, dated 2 January 1996, he was awarded the AAM for the period 14 November through 16 December 1995 by Headquarters, 1st Battalion, 179th Infantry, PO Number 6-6, dated 12 September 1998.  The DA Form 638 indicates PO Number 1-9, dated 9 January 1999;

	d.  Award certificate and DA Form 638, dated 30 March 2001, he was awarded the AAM for the period 26 February through 15 March 2001 by Headquarters, 1st Battalion, 279th Infantry, 45th Infantry Brigade PO Number 046-001,dated 15 February 2006;

	e.  Award certificate, he was awarded the NATO Medal for service during the period 1 January through 1 February 2001;

	f.  Award certificate, he was awarded the NATO Medal for service during the period 26 September 2000 to 26 March 2001; and 

	g. Orders 14-02, dated 8 July 2002 published by Headquarters, 1st Battalion, 179th Infantry, 45th Infantry Brigade (Separate), 7th Infantry Division, he was awarded the Driver and Mechanic Badge with Driver-W Bar for the period of service 10 June through 28 March 2001.

7.  He was released from active duty on 11 May 2001.  His DD Form 214 issued for this period shows in:

	a.  Items 4a and 4b, his rank and pay grade as 1LT/O-2;

	b.  Item 12a, he entered active duty on 15 August 2000;

	c.  Item 12c, he completed 8 months and 27 days of active duty;

	d.  Item 12d (Total Prior Active Service), he completed 9 months and 28 days of prior active service; 

	e.  Item 12h, his effective date of pay grade as 30 July 1996; and 

	f.  Item 13, he was awarded or authorized the:

* Army Commendation Medal (3rd Award)
* AAM (2nd Award)
* Army Reserve Components Achievement Medal (3rd Award)
* National Defense Service Medal 
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal
* Noncommissioned Officer's (NCO) Professional Development Ribbon 
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Air Assault Badge
* NATO Medal
* Armed Forces Reserve Medal with "M" Device

8.  On 29 May 2001, he was issued a DD Form 215 which amended his DD Form 214 for the period ending 11 May 2001 by amending items 12d and 12e (Total Prior Inactive Service) to show the entries "000010 13" and "0010 10 05," respectively.  

9.  He was promoted to CPT on 19 July 2001 and was granted Federal recognition.  

10.  On 28 February 2002, this Board corrected the applicant's effective date and date of rank to CPT from 19 July 2001 to 18 April 2000 under the Reserve Officer Personnel Management Act (ROPMA).  

11.  He entered active duty on 19 September 2003 and subsequently served in Afghanistan in support of Operation Enduring Freedom from 14 November 2003 to 2 August 2004, a period of 8 months and 19 days.  

12.  He was honorably released from active duty on 10 September 2004.  His DD Form 214 for this period shows in item 13 he was awarded or authorized the:

* Bronze Star Medal
* MSM
* Army Commendation Medal (4th Award)
* AAM (2nd Award)
* Army Reserve Components Achievement Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Combat Infantryman Badge
* Pathfinder Badge
* Air Assault Badge
* Driver and Mechanic Badge with Driver Bar
* OSR (2nd Award)
* NATO Medal
* Armed Forces Reserve Medal with "M" Device (2nd Award)

13.  He was transferred to the Retired Reserve on 1 December 2010.

14.  On 4 April 2013, he was issued a DD Form 215 that amended his DD Form 214 for the period ending 10 September 2004 by adding award of the:

* Purple Heart
* MSM (2nd Award)
* HSM
* Army Reserve Components Overseas Training Ribbon
* Armed Forces Service Medal
* OSR with Numeral "2"
* MOVSR
* Expert Marksmanship Qualification Badge with Rifle, Pistol, Squad Automatic and Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with TOW Gunner Missile Bar

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing 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.  This regulation directs:

	a.  A DD Form 214 will be prepared for each Soldier for Reserve component Soldiers completing 90 days or more of continuous ADT, ADSW, temporary tours of active duty, or Active Guard Reserve service.  

	b.  Item 12a - The beginning date of the continuous period of active duty will be entered in item 12a for issuance of a DD Form 214 for which a DD Form 214 was not previously issued.  

	c.  Item 12c - Amount of service this period, computed by subtracting item 12a from 12b (Separation This Date).  

	d.  Item 12d - From previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any.

	e.  Item 12h - From the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade.

	f.  Item 13 - List awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records. 

16.  Army Regulation 600-8-22 (Military Awards) states the Army Lapel Button is a gratuitous issue and the eligibility requirements are:  

* transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate)
* (b) transitioning under a non-adverse separation provision
* (c) having served a minimum 9 months continuous service - a break in service is 24 hours or more 
* (d) having had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986 
* (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to the rank of CPT on 19 July 2001.  In February 2002, this Board amended his date of rank and effective date of promotion to CPT to 18 April 2001 under the ROPMA.  Therefore, it would be appropriate to amend items 4a, 4b, and 12h of his 11 May 2001 DD Form 214 to show his rank/pay grade as CPT/O-3 and the effective date of pay grade as 18 April 2001.

2.  Orders show he was ordered to AT from 10 to 24 June 2000 and ordered to ADSW from 25 June to 14 August 2000.  This is a total of 2 months and 6 days.  

3.  The evidence of record shows he was ordered to active duty on 15 August 2000 and was released from active duty on 11 May 2001, which is a period of 8 months and 27 days of active duty.  

4.  He was issued a DD Form 214 for the period ending 11 May 2001 which correctly reflects the date he entered active duty as 15 August 2000 in item 12a.  This DD Form 214 also shows he completed 9 months, and 28 days total prior active service.  By regulation, any active service he completed prior to 15 August 2000 should be recorded in item 12d of this DD Form 214.  Therefore, there is no basis for amending items 12a and 12c to show he entered active duty on 10 June 2000 and completed 11 months of active service this period.

5.  Army Regulation 635-5 directs that item 13 of the DD Form 214 list awards and decorations for all periods of service.  Therefore, it was appropriate to amend his DD Form 214 for the period ending 10 September 2004 to list his awards for all periods of service.  On 4 April 2013, he was issued a DD Form 215 that amended his 10 September 2004 DD Form 214 to add several awards, including the:

* HSM
* AFSM
* OSR with Number "2"
* MSM (2nd Award)
* MOVSM
* Expert Marksmanship Qualification Badge with Squad Automatic Weapon, 
   Grenade, and Pistol Bars
* Sharpshooter Marksmanship Qualification Badge with TOW Gunner 
   Missile Bar
   
Since these awards were appropriately added to his 10 September 2004 DD Form 214, there is no basis for amending his 11 May 2001 DD Form 214 to show these awards and will not be discussed further in this Record of Proceedings.  

6.  He provided certificates which show he was awarded two NATO Medals.  These documents are accepted as sufficient evidence to amend his 10 September 2004 DD Form 214 to show these medals.  

7.  The evidence of record shows he was awarded four awards of the AAM for service between February 1994 and March 2001.  Therefore, his 10 September 2004 DD Form 214 should be amended to reflect the AAM (4th Award).  

8.  His service record does not indicate he was transitioning with an honorable characterization of service to another component for completion of a military service obligation.  Therefore, he does not meet the requirements for the Army Lapel Button or correction of his DD Form 214 to show this award.  

9.  Orders show he was awarded the Driver and Mechanic Badge with Driver-W Bar; therefore, his 10 September 2004 DD Form 214 should be amended to reflect this badge.









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:

   a.  amending his DD Form 214 for the period ending 11 May 2001 to:
   
   	(1)  delete the entry "1LT" from item 4a and add the entry "CPT";
   
   	(2)  delete the entry "O2" from item 4b and add the entry "O3"; and 
   
   	(3)  delete the entry "1996 07 30" from item 12h and add the entry 
"2001 04 18."

	b.  amending his DD Form 214 for the period ending 10 September 2004 to:

		(1)  delete the entry "NATO Medal" from item 13 and add the entry "NATO Medal (2nd Award)";

		(2)  delete the entry "AAM (2nd Award)" from item 13 and add the entry "AAM (4th Award)"; and 

   (3)  delete the entry "Driver and Mechanic Badge with Driver Bar" from 
item 13 and add the entry "Driver and Mechanic Badge with Driver-W Bar."







2.  The Board further determined that the evidence presented was 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 items 12a, 12c, and 13 of his DD Form 214 for the period ending 11 May 2001.  




      _______ _ 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)                                         AR20130012490





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ABCMR Record of Proceedings (cont)                                         AR20130012490



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