IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017812
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 June 2010, to include award of the Soldier's Medal and to list the schools he attended for his military education.
2. The applicant states the counselor who out-processed him upon his retirement stated that since the schools were listed on a previous DD Form 214, they would not be listed on his final DD Form 214. He was recently advised that this was not the proper procedure. In addition, the Soldier's Medal was not listed on his DD Form 214 because it was presented nearly 6 months after his retirement.
3. The applicant provides:
* two DD Forms 214
* Soldier's Medal Certificate
* Soldier's Medal Citation
CONSIDERATION OF EVIDENCE:
1. Having prior service in the Army National Guard, the applicant enlisted in the U.S. Army Reserve on 24 May 2007. (His prior service is confusing. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he was discharged as a member of the Army National Guard and as a Reserve of the Army effective 23 May 2007. However, separation orders and a DD Form 214 show he was released from active duty on 9 November 2007 from the 1st Battalion, 156th Armor, a Louisiana Army National Guard unit.)
2. His record contains a DD Form 214 for the period ending 9 November 2007, which lists numerous courses of instruction in item 14 (Military Education).
3. The evidence shows the applicant entered active duty as a member of the U.S. Army Reserve on 15 July 2008 and he was honorably retired due to temporary disability on 11 June 2010. The DD Form 214 he was issued at the time does not show he was awarded the Soldier's Medal. Item 14 lists no military education.
4. The applicant provides no evidence and his records contain no evidence which show he successfully completed any training courses during the period covered by his DD Form 214 for the period ending 11 June 2010.
5. The applicant provides a certificate and citation awarding him the Soldier's Medal for heroism on 5 November 2009.
6. On 16 May 2014, an analyst for the Army Board for Correction of Military Records obtained a copy of Permanent Order Number 204-26, issued by the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, dated 23 July 2010, which shows the applicant was awarded the Soldier's Medal.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance for completion of the DD Form 214. It states to list from the Enlisted Record Brief or Officer Record Brief formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Soldier's Medal; therefore, he is entitled to correction of his DD Form 214 for the period ending 11 June 2010, to show this award.
2. With regard to correcting the applicant's DD Form 214 for the period ending 11 June 2010 to show the schools he successfully completed in item 14, the governing regulation states to list training courses successfully completed during the period of service covered by the DD Form 214. The applicant provides no evidence and his records contain no evidence which show he successfully completed any training courses during the period covered by his DD Form 214 for the period ending 11 June 2010. Therefore, he is not entitled to the requested relief.
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 adding the Soldier's Medal to his DD Form 214 for the period ending 11 June 2010.
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 listing the schools and training courses he successfully completed in item 14 of his DD Form 214 for the period ending 11 June 2010.
_______ _ 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) AR20130017812
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017812
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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