IN THE CASE OF:	   

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150001547 


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 military service records to show award of the Joint Service Achievement Medal and the correct middle initial on his promotion certificate, along with other corrections that may be appropriate based on this request.  He also requests copies of all documents, orders, and certificates that are filed in his official military personnel file.

2.  The applicant states that he was awarded the Joint Service Achievement Medal for the period 15 June 2002 to 19 March 2003.  He also states that the middle initial on the promotion certificate he was issued upon promotion to sergeant (SGT) is incorrect; it shows the letter "M" instead of "E."  He adds that he was also awarded the Joint Service Commendation Medal and he has the orders, but not the award certificate.

3.  The applicant provides copies of his Joint Service Achievement Medal award documents and a promotion certificate.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Copies of military service records (documents) are not issued by the ABCMR.  However, the applicant may submit a request for a copy of his military service records in writing to:  National Personnel Records Center, Attention:  Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5100. Additional information can be found on their website at: http://www.archives.gov/st-louis/military-personnel/.  As such, this matter will not be discussed further in this ABCMR Record of Proceedings.

3.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve on 17 July 1997 and he further enlisted in the Regular Army on 8 July 1998 for a period of 
6 years.  Item 1 (Name – Last, First, Middle) shows "H____, C___ E___ III."

4.  Headquarters 556th Personnel Service Battalion, 25th Infantry Division (Light) and U.S. Army Hawaii, Schofield Barracks, HI, Orders 165-82, dated 14 June 2001, promoted the applicant (C___ E. H____) to SGT effective and with a date of rank of 1 July 2001. 

5.  A DA Form 4980-14 (Army Commendation Medal Certificate) shows that Headquarters, 45th Corps Support Group (Forward), Schofield Barracks, HI, Permanent Order 194-06, dated 12 July 2004, awarded the applicant the Army Commendation Medal for meritorious achievement from 13 January 1999 to 
12 April 2004.

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), as corrected by a DD Form 215 (Correction to DD Form 214) issued on
9 June 2011, shows he was honorably discharged on 27 May 2004.  He had completed 5 years, 10 months, and 20 days of total active service this period.  It also shows in:

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Lapel Button
* Joint Service Commendation Medal
* Army Achievement Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Iraq Campaign Medal with one Bronze Service Star

* item 14 (Military Education):

* Information Systems Operator Analyst, 14 Weeks, 1998
* Primary Leadership Development Course, 4 Weeks, 2001

7.  In support of his application the applicant provides the following documents:

   a.  Central Command (CC) Form 25 (Recommendation for Award), Citation and Narrative to Accompany the Award, DD Form 2414 (Joint Service Achievement Medal Certificate), and Coalition Forces Land Component Command, U.S. Army Forces Central Command, Third U.S. Army, Permanent Orders 171-011, dated 20 June 2003, that show the applicant was awarded the Joint Service Achievement Medal for meritorious achievement for the period 
15 June 2002 to 19 March 2003.

   b.  DA Form 4872 (Certificate of Promotion) that shows, in pertinent part, "C___ M. H____" was promoted to SGT in the U.S. Army on 1 July 2001.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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 U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the NCOPDR and, if applicable, the numeral which identifies the highest level of NCO Educational System successfully completed as follows:

* Primary Level = NCOPDR (basic ribbon – no numeral)
* Basic Level = NCOPDR with Numeral 2
* Advanced Level = NCOPDR with Numeral 3
* Senior Level = NCOPDR with Numeral 4

9.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotions and reductions of Army enlisted personnel.  Chapter 1 (Introduction), section III (Policy), paragraph 1-24 (Promotion ceremonies and certificates), shows that the promotion certificate is not the official instrument for promotion.  The promotion order will be used as the
source document for rank, effective date, and date of rank for all record and pay purposes.  Promotion certificates for Soldiers promoted to specialist and above will be prepared by the unit or battalion human resources activity for signature by the promotion authority.  Any higher level commander may direct that signature authority be held at his or her level, but the certificate will still be prepared by the unit or battalion human resources activity.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service records should be corrected to show the correct middle initial on his promotion certificate, award of the Joint Service Achievement Medal, and other corrections that may be appropriate based on his request. 

2.  The evidence of record shows that orders promoted the applicant to SGT effective 1 July 2001.  However, the name on the promotion certificate he was issued contains an administrative error (i.e., the middle initial "M" instead of "E").

3.  Permanent orders awarded the applicant the Joint Service Achievement Medal and the Army Commendation Medal.

4.  The evidence of record shows the applicant qualified for award of the NCOPDR (Primary Level).

5.  Therefore, it would be appropriate to correct the applicant's military service records, as recommended below.


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 all Department of the Army records of the individual concerned be corrected by:

   a.  issuing a DA Form 4872 (Certificate of Promotion) that shows his correct name of record (as shown on his promotion orders) and that he was promoted to Sergeant in the U.S. Army on 1 July 2001; and

   b.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal
* Joint Service Achievement Medal
* Noncommissioned Officer Professional Development Ribbon




      _____________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)                                         AR20150001547



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ABCMR Record of Proceedings (cont)                                         AR20150001547



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