IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140005777 


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 he was promoted to captain (CPT)/pay grade O-3 and a second award of the Army Commendation Medal (ARCOM).

2.  The applicant states that he was promoted to CPT and awarded the ARCOM while he was on transition leave; however, his DD Form 214 does not show his promotion or the award.

3.  The applicant provides copies of his ARCOM certificate and promotion orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable enlisted service in the Regular Army (RA) from 9 September 2009 through 17 March 2010.

2.  He was appointed as a Reserve commissioned officer, in the rank of second lieutenant, on 18 March 2010.  He was promoted to first lieutenant (1LT) effective and with a date of rank (DOR) of 18 September 2011.

3.  A review of the applicant's Official Military Personnel File revealed the following documents:

   a.  A DA Form 4980-14 (ARCOM Certificate) that shows Headquarters, 
2nd Battalion, Stryker Brigade Combat Team, 2nd Infantry Division, Joint Base Lewis – McChord, Washington, Permanent Orders Number 300-32, dated 
1 February 2013, awarded the applicant the ARCOM for meritorious service from 16 April 2012 to 15 July 2012.

   b.  A DA Form 4980-14 that shows Headquarters, 3rd U.S. Infantry Regiment, Joint Base Myer – Henderson Hall, Virginia, Permanent Orders Number 063-001, dated 4 March 2014, awarded the applicant the ARCOM for meritorious service from 14 August 2012 to 31 January 2014.

   c.  Headquarters, U.S. Army Human Resources Command, Fort Knox, KY, Order Number 051-043, dated 20 February 2014, that promoted the applicant to CPT (O-3) effective and with a DOR of 1 March 2014.

4.  The applicant's DD Form 214 shows he was honorably REFRAD on 5 March 2014 and transferred to a U.S. Army Reserve (USAR) unit.  He had completed 4 years, 5 months, and 27 days of total active service that included 3 months of foreign service in Afghanistan.  It also shows in –

* item 4a (Grade, Rate or Rank):  1LT
* item 4b (Pay Grade):  O02
* item 12 (Record of Service), block i (Effective Date of Pay Grade):
2011  09  18  (18 September 2011)
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  in part, the "Army Commendation Medal"

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or REFRAD service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  
	
   b.  Chapter 2 contains guidance on the preparation of the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  The instructions show for:
   
   
   
   
   
    	(1)  item 4a and item 4b, enter the active duty grade of rank and pay grade at time of separation;

    	(2)  item 12, block i, enter the effective date of promotion to pay grade; and

    	(3)  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was promoted to CPT (O-3) and that he received a second award of the ARCOM.

2.  Permanent orders awarded the applicant the ARCOM for meritorious service, as follows –

* from 16 April 2012 to 15 July 2012
* from 14 August 2012 to 31 January 2014

   a.  His DD Form 214 shows the "Army Commendation Medal."

   b.  Thus, it would be appropriate to correct his DD Form 214 to show the ARCOM (2nd Award).

3.  The evidence of record shows he was promoted to –

* 1LT (O-2) effective 18 September 2011
* CPT (O-3) effective 1 March 2014

   a.  He was REFRAD on 5 March 2014 and items 4a, 4b, and 12i of his
DD Form 214 show "1LT," "O02," and "2011  09  18."

   b.  The Army regulation governing preparation of the DD Form 214 states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation and that
it is important the information entered thereon is complete and accurate as of that date (emphasis added).

   c.  Thus, the evidence of record shows the applicant's DD Form 214 should be corrected to show his correct rank, grade, and effective date.

4.  Therefore, in view of the foregoing, it would be appropriate to correct his 
DD Form 214, as recommended below.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the entries from items 4a, 4b, and 12i of his 5 March 2014 DD Form 214 and adding the following entries -

* item 4a:  "CPT"
* item 4b:  "O03"
* item 12, block i:  "2014  03  01"

	b.  deleting from item 13 of his 5 March 2014 DD Form 214 the "Army Commendation Medal" and adding "Army Commendation Medal (2nd Award)."

2.  As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of any pay and allowances (less taxes) if any, that may be due the applicant based on his promotion to the rank of captain/pay grade O-3, effective 1 March 2014 through the date of his release from active duty (5 March 2014).



      _______ _   _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)                                         AR20140005469



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ABCMR Record of Proceedings (cont)                                         AR20140005777



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