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ARMY | BCMR | CY2014 | 20140020937
Original file (20140020937.txt) Auto-classification: Approved

	

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20140020937

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 reconsideration of his previous request to correct his Army National Guard of the United States (ARNGUS) DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 December 2010 (signed 8 November 2010) to remove the following erroneous U.S. Marine Corps (USMC) and U.S. Navy (USN) awards from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Navy/Marine Corps Combat Action Ribbon (CAR)
* Joint Meritorious Unit Award (JMUA)
* Navy and Marine Corps Expeditionary Medal
* USN “E” Ribbon
* Navy Meritorious Unit Commendation (MUC) (3rd Award)

2.  The applicant states, in effect, that extensive research and a Senator’s investigation determined that several USMC and USN awards were erroneously awarded to members of the USMC.  Officially removing the awards and correcting his DD Form 214 is appropriate unless Department of Defense findings are different.  However, he contends the award of the USN “E” Ribbon is warranted because while aboard the USS Belleau Wood, Marines worked during battle drills to help the USN achieve Battle “E” Status.

3.  The applicant provides:

* Veterans of Foreign Wars (VFW) Information Sheet
* Headquarters (HQ), USMC memorandum, dated 20 October 2005
* Permanent Order Number J-ISO-0061-08, dated 1 April 2008
* JMUA memorandum and citation, dated 1 April 2008
* HQ, USMC memorandum, dated 10 March 2011
* HQ, USMC memorandum, dated 28 March 2014
* USMC DD Form 215 (Correction to DD Form 214), dated 8 May 2014
* USMC DD Form 214, dated 9 June 2015

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120009375, on 24 January 2013.

2.  The applicant has provided new evidence that requires consideration at this time.

3.  The original Record of Proceedings stated that because he received a 
DD Form 214/215 from the USMC that lists the awards in question, it appeared that these awards were properly entered on his Army DD Form 214.  He was advised to contact the Board for Correction of Naval Records to have the awards removed from his USMC DD Form 214, and after such time, he could reapply to this Board to have them removed from his Army DD Form 214 for the period ending 14 December 2010.

4.  Having prior active and reserve duty in the USMC, the applicant enlisted in the ARNG on 1 November 2007.

5.  On 7 November 2009, he was ordered to active duty in support of Operation Enduring Freedom.  On 14 December 2010, he was released from active duty (REFRAD).

6.  His DD Form 214 for the period ending 14 December 2010 shows he was awarded or authorized:

* Afghanistan Campaign Medal with campaign star
* Northern Atlantic Treaty Organization (NATO) Afghanistan Service Medal
* Marine Corp Meritorious Mast (3rd Award)
* Navy and Marine Corps Expeditionary Medal
* Sea Service Deployment Ribbon (2nd Award)
* Navy/Marine Corps Combat Action Ribbon
* JMUA
* MUC
* Navy Unit Commendation (2nd Award)
* Navy MUC (3rd Award)
* USN “E” Ribbon
* Army Good Conduct Medal/Marine Corps Good Conduct Medal
* Marine Corps Reserve Medal
* National Defense Service Medal (NDSM)(2nd Award)
* Armed Forces Expeditionary Medal (AFEM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Navy/Marine Corps OSR
* Armed Forces Reserve Medal with “M” Device
* Driver and Mechanic Badge with Driver-W Clasp

7.  He provides:

	a.  A memorandum, issued by the Awards Verification Team, Military Awards Branch, Manpower Management Division, directed by the Commandant of the Marine Corps, dated 28 March 2014.  This document states that the applicant was previously denied entitlement to the JMUA and a review of his records failed to reveal entitlement to any additional Navy Unit Commendations or a third MUC. He was entitled to the following awards:

* Navy Unit Commendation with two bronze service stars
* MUC with one bronze service star
* Marine Corps Good Conduct Medal
* NDSM with one bronze service star
* AFEM (Operation Southern Watch, 1998 to 1999)
* GWOTEM (Kuwait 2006)
* GWOTSM
* Sea Service Deployment Ribbon with one bronze service star
* Navy and Marine Corps OSR
* Armed Forces Reserve Medal with bronze “M” device with bronze numeral 2
* Rifle and Pistol Marksmanship Badges
   
   b.  His USMC DD Form 214, for the period 1 August to 24 October 2006, reissued on 9 June 2015.  This separation document shows he was awarded or authorized:

* Navy Unit Commendation with two bronze service stars
* MUC with two bronze service stars
* Marine Corps Good Conduct Medal
* NDSM with one bronze service star
* AFEM (Persian Gulf)
* GWOTEM (Kuwait)
* GWOTSM
* Sea Service Deployment Ribbon with one bronze service star
* Navy and Marine Corp OSR
* Armed Forces Reserve Medal with bronze “M” device with bronze Numeral 2
* Rifle and Pistol Marksmanship Badges
* Letter of Appreciation (6)
* Meritorious Mast (3)

8.  Permanent Orders 327-16, issued by U.S. Army Human Resources Command, dated 23 November 2011, awarded the applicant's unit the MUC (Army) for the period 4 January to 3 November 2010.  His Official Military Personnel File (OMPF) contains a DD Form 215, dated 8 March 2012, which added this award to his DD Form 214.

9.  A review of his OMPF shows he was issued a DD Form 215 on 30 July 2015, which corrected his DD Form 214, ending 14 December 2010, to show his name as L----T---T---.

10.  Army Regulation 635-5 (Separation Documents), as then in effect, served as the authority for the preparation of the DD Form 214.  It established standardized policy for preparing the DD Form 214.  It stated that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.  The regulation stated a DD Form 214 would be prepared for each Reserve Component Soldier completing 90 days or more of continuous active duty for training.  In item 13 list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

11.  Army Regulation 600-8-22 (Military Awards) gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for reconsideration to remove erroneous USN and USMC awards has been carefully considered and found to have merit.
2.  As new evidence the applicant provided a corrected DD Form 214 for the period 1 August to 24 October 2006 which shows that the USN/USMC awards in question have been removed.

3.  In view of the foregoing, it would be appropriate to remove the erroneous awards from his DD Form 214, ending 14 December 2010.  A review of his OMPF found that the applicant has had other corrections made to this same 
DD Form 214, therefore, he should be issued a new DD Form 214 to include all these corrections.

BOARD VOTE:

__X______  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the State Army National Guard records and Department of the Army records of the individual concerned be corrected by issuing him a new DD Form 214 for the period ending 14 December 2010 which shows in:

	a.  Item 1 (NAME (LAST, FIRST, MIDDLE)) –LYKINS TERRILL TRENT

	b.  Item 13 – 

* Afghanistan Campaign Medal with campaign star
* North Atlantic Treaty Organization Afghanistan Service Medal
* Marine Corp Meritorious Mast (3rd Award)
* Sea Service Deployment Ribbon (2nd Award)
* Army Good Conduct Medal/Marine Corps Good Conduct Medal
* Marine Corps Reserve Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Navy Unit Commendation with two bronze service stars
* Meritorious Unit Commendation (Navy) with two bronze service stars
* Meritorious Unit Commendation (Army)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Navy/Marine Corps Overseas Service Ribbon
* Armed Forces Reserve Medal with “M” Device and Numeral 3
* Driver and Mechanic Badge with Driver-W Clasp




      __________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)                                         AR20150013492



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20140020937



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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