BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140009604 


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 her record to show her rank as sergeant first class (SFC)/E-7 and correction of her DD Form 214 to show any additional awards to which she may be entitled.

2.  The applicant states, in effect, her records incorrectly show her rank/grade as staff sergeant (SSG)/E-6 versus SFC/E-7 and she is missing some awards from her service in Iraq.

3.  The applicant provides a spreadsheet, an undated Certificate of Appreciation, and an "Order of the Hickory Shield" certificate, dated 13 August 2011.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 12 June 1980 and served through a series or reenlistments and extensions, held various military occupational specialties, and was honorably retired by reason of permanent physical disability on 13 April 2014. 

2.  Her record contains memoranda that show: 

* she was awarded the Army Reserve Components Achievement Medal (ARCAM) for the period 13 March 1981 to 13 March 1985 and the ARCAM (2nd Award) for the period 14 March 1985 to 13 March 1989
* she was award the Armed Forces Reserve Medal for the period 12 June 1980 to 12 June 1990
3.  Her record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 5 May 1992 that shows she attended and completed the Basic Noncommissioned Officer (NCO) Course (BNCOC).  

4.  Her record contains a certificate for award of the Army Achievement Medal (AAM), issued by Headquarters, U.S. Army 63rd Regional Support Command, Los Alamitos, California.  This certificate shows she was awarded the AAM for outstanding performance of duty during the Force Provider Annual Training at Fort Polk, Louisiana from 1 May 1999 to 14 May 1999.

5.  Her record contains a memorandum, issued by the 691st Quartermaster Company, Los Alamitos, California on 23 January 2002, which shows she was award the ARCAM for the period of June 1996 to June 1999.  

6.  Orders Number 05-277-00018, issued by Headquarters, 63rd Regional Readiness Command, Los Alamitos, California on 4 October 2005, promoted her to the rank/grade of SSG/E-6 with an effective date and date of rank of 1 October 2005.

7.  Her record contains a DD Form 214 that shows she entered active duty in support of Operation Iraqi Freedom on 21 November 2005 and was released from active duty on 12 May 2007.  There is no indication that she served at an overseas location during this period.  

8.  Her record shows she entered active duty on 18 August 2010 and subsequently received Orders Number CA-286-0078, issued by Camp Atterbury, Edinburgh, Indiana on 13 October 2010.  These orders directed her to deploy to Kuwait in support of Operation Iraqi Freedom, proceeding on 14 October 2010.

9.  Her record contains a memorandum, issued by the 217th Transportation Company, San Antonio, Texas on 22 August 2012, which shows she was awarded the ARCAM (6th – 9th Award) for four consecutive 3 year periods from 12 June 1999 to 11 June 2011.

10.  She was honorably retired by reason of a permanent physical disability on 13 April 2014.  She completed 3 years, 7 months, and 27 days of net active service that period and had 2 years and 7 months of previous active service.  Her DD Form 214 also shows in:

	a.  item 4a/4b (Grade, Rate or Rank/Pay Grade), her rank/grade as SSG/E-6; 

	b.  item 12f (Foreign Service), the entry 11 months and 22 days;

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), she was awarded or authorized the:

* Army Reserve Components Achievement Medal
* National Defense Service Medal with bronze service star
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Armed Forces Reserve Medal with "M" Device
* Basic Aviation Badge

	d.  Item 18 (Remarks) shows she served in Kuwait from 14 October 2010 to 
5 October 2011.

11.  Her record does not include orders or evidence that show she was promoted to SFC/E-7 or that she was in a promotable status and her name was on a promotion list prior to her date of retirement.  Additionally, none of the awards, certificates, or other documentation in her record document her rank as SFC.

12.  The applicant provided the following in support of her request:

	a.  An undated spreadsheet containing lists of names and other data.  Her name is also listed on this spreadsheet under the heading "Soldiers with eligibility deficiencies"; however, the exact purpose and origin of this document is unknown.

	b.  An undated Certificate of Appreciation, signed by the President.  This certificate shows her rank as SSG and appears to have been issued upon the occasion of her retirement. 

	c.  A certificate, entitled "Old Hickory Volunteers – Order of the Hickory Shield," dated 13 August 2011, which identifies her by her name, but not her rank.  

13.  Title 10, U.S. Code, section 1372 (grade on retirement physical disability, members of the Armed Forces), states unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following: 

* the grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired
* the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired
* the permanent regular or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination
* the temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination

14.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides for the promotion and reduction of enlisted Soldiers.  Paragraph 1-20(c) states per the provisions of Title 10, U.S. Code, section 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.  Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, or the Iraq Campaign Medal for the same action, time period, or service.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal or the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	b.  The Noncommissioned Officer Professional Development Ribbon (NCOPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and USAR Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the NCOPDR with the numeral which identifies the highest level of NCOES successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

	c.  The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. The period is      3 years, except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Additionally, by message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the AGCM.  It clarified that Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing “active Federal military service” and are eligible to be awarded the AGCM.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the AGCM ends the last day the mobilized RC Soldier is on active duty.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her record to show her rank as SFC and correction of her DD Form 214 to show any additional awards to which she may be entitled was carefully considered.

2.  There is no evidence of record and the applicant has not provided sufficient evidence to show she was promoted to SFC or that she was in a promotable status and her name was on a promotion list prior to her date of retirement.  The spreadsheet she provided is of an unknown origin; therefore, it is not sufficient to show she was promotable.  As such, there is insufficient evidence to justify correcting her DD Form 214, certificates, or awards to show her rank as SFC.

3.  The evidence of record shows she was awarded the Global War on Terrorism Expeditionary Medal for her foreign service in Kuwait.  Therefore, she is not entitled to additional campaign medals such as the ICM.  However, she may 
submit an application for the ICM in lieu of the Global War on Terrorism Expeditionary Medal at a later date if she wishes.  If she chooses to do so, she should provide evidence showing the dates of any service she performed in Iraq.

4.  The evidence of record shows she was promoted to SSG.  Her record shows she completed BNCOC.  Therefore, she is entitled to correction of her DD Form 214 for the period ending 13 April 2014 to add the NCOPDR with Numeral 2.

5.  The evidence of record shows she was awarded the AAM.  This award is not shown on her DD Form 214; therefore, she is entitled to correction of her         DD Form 214 for the period ending 13 April 2014 to add this award.  

6.  The evidence of record shows she was awarded the ARCAM (9th Award), which is not shown on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 for the period ending 13 April 2014 to show this award.

7.  She served honorably on active duty during the period 18 August 2010 through 13 April 2014 (3 years, 7 months, and 26 days).  Her record does not contain any disciplinary or adverse information, and her commander did not submit any documentation indicating she was disqualified from award of the AGCM (1st Award).  Therefore, she meets the criteria for award of the AGCM (1st Award).  As such, it would be appropriate to award her the AGCM (1st Award) for the period 18 August 2010 through 17 August 2013 and to correct her DD Form 214 for the period ending 13 April 2014 to show it.  

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.  awarding her the Army Good Conduct Medal (1st Award) for the period 
18 August 2010 through 17 August 2013; 
	b.  amending her DD Form 214 for the period ending 13 April 2014 by deleting the Army Reserve Components Achievement Medal and adding the: 

* Army Good Conduct Medal (1st Award)
* Army Achievement Medal
* Army Reserve Components Achievement Medal (9th Award)
* Noncommissioned Officer Professional Development Ribbon with Numeral 2

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 correcting her DD Form 214 for the period ending on 13 April 2014 or any other documents in her record to show her rank/grade as SFC, or adding additional campaign medals or ribbons to her DD Form 214 for the period ending on 13 April 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)                                         AR20140009604





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ABCMR Record of Proceedings (cont)                                         AR20140009604



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