RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 February 2008 DOCKET NUMBER: AR20070013825 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Mr. William D. Powers Chairperson Ms. Rose M. Lys Member Mr. Qawiy A. Sabree Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Combat Action Badge and correction of his records to show award of the Legion of Merit and the Bronze Star Medal (1st Oak Leaf Cluster). 2. The applicant states, in effect, that the awards were left off his DD Form 214 (Certificate of Release or Discharge from Active Duty) due to an administrative oversight. 3. The applicant provides the following additional documentary evidence in support of his application: a. DD Form 214, dated 28 February 2007; b. DA Form 638 (Recommendation for Award) and Certificate, dated 18 January 2007, awarding him the Legion of Merit; c. DA Form 638 and Certificate, dated 19 April 2007, awarding him the Bronze Star Medal; and d. Certificate, dated 7 April 2004, awarding him the Bronze Star Medal. CONSIDERATION OF EVIDENCE: 1. The applicant requests retroactive award of the Combat Action Badge; however, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) to show entitlement to this award. In the absence of authority for this award, he may request retroactive award of the Combat Action Badge through the Commanding General, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471. This award may be requested by letter and must contain the following: a. Assignment, attachment or operational control orders; b. A copy of the Soldier's Officer Record Brief; c. A copy of the chain of command endorsement; d. A one-page narrative description of the qualifying incident; e. A certified copy of the DD Form 214; and f. Any other supporting documentation. 2. The applicant is required to exhaust all administrative remedies; accordingly, there will be no further discussion of this issue in this Record of Proceedings. 3. The applicant is a retired lieutenant colonel (LTC)/O-5 who was commissioned in the U.S. Army Reserve (USAR) through the Reserve Officer's Training Corps (ROTC) on 28 May 1986, as an Infantry officer. He held various key command and staff positions leading Soldiers worldwide until he retired on 28 February 2007. 4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Bronze Star Medal, the Defense Meritorious Service Medal, the Meritorious Service Medal, the Army Commendation Medal (2nd Award), the Army Achievement Medal (5th Award), the National Defense Service Medal (2nd Award), the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary and Service Medals, the Kosovo Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon (5th Award), the Expert Infantryman Badge, the Ranger Tab, the Pathfinder Badge, the Senior Parachutist Badge, and the Air Assault Badge. Item 13 does not show award of the Legion of Merit or a second award of the Bronze Star Medal. 5. Headquarters, Human Resources Command, Alexandria, Virginia, Permanent Orders Number 018-31, dated 18 January 2007; show that the applicant was awarded the Legion of Merit for meritorious service while serving in positions of increasing responsibility during the period 1 April 1997 to 31 March 2007. 6. Headquarters, Human Resources Command, Alexandria, Virginia, Permanent Orders Number 109-57, dated 19 April 2007; show that the applicant was awarded the Bronze Star Medal for meritorious service while serving in Operations, Operating Base-Afghanistan during the period 28 April 2006 to 1 October 2006. 7. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 8. Section VIII (Awards and Decorations) of the applicant's Officer Record Brief (ORB), dated 2 November 2006, shows that he was awarded the Joint Meritorious Unit Award (JMUA). 9. Army Regulation 600-8-22 states, in pertinent part, that the Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal. DISCUSSION AND CONCLUSIONS: 1. Permanent Orders show the applicant was awarded the Legion of Merit for meritorious service for the period 1 April 1997 to 31 March 2007 prior to retirement. Therefore, he is entitled to correction of his records to show this award. 2. Permanent Orders show the applicant was awarded a second Bronze Star Medal for meritorious service for the period 28 April to 1 October 2006 for service in Afghanistan. Therefore, he is entitled to correction of his records to show the Bronze Star Medal with (1st Oak Leaf Cluster). 3. Evidence of record shows that the applicant was also awarded the Joint Meritorious Unit Award that is not shown in his records. Therefore, he is entitled to correction of his records to show this award. BOARD VOTE: __wdp___ __rml___ __qas___ 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 showing award of the Legion of Merit, the Bronze Star Medal (1st Oak Leaf Cluster), and the Joint Meritorious Unit Award. William D. Powers ______________________ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.