BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130017003 


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).


CONSIDERATION OF ADDITIONAL EVIDENCE:

9.  On 18 September 2013 new information was received from Headquarters, 35th Infantry Division, Kansas Army National Guard, Fort Leavenworth, KS, and from the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120013477, dated 4 April 2013.

10.  The evidence submitted consists of:

	a.  An Army Regulation (AR) 15-6 (Procedures for Investigating Officers and Board of Officers) findings and recommendation, dated 24 April 2009, regarding a falsified permanent order awarding the applicant the Combat Action Badge.

	b.  A DA Form 2823 (Sworn Statement), dated 28 June 2013, wherein the applicant admitted he provided false documents to the Board.  

ADDITIONAL DISCUSSION AND CONCLUSIONS:

4.  At the time of the decision of the ABCMR in Docket Number AR20120013477, dated 4 April 2013, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time.

5.  The ABCMR's decision in Docket Number AR20120013477 erroneously added the Combat Action Badge to the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) based on Permanent Order 122-033, issued by the 13th Sustainment Command (Expeditionary) on 2 May 2007.
6.  In view of the findings of the AR 15-6 and the sworn statement submitted by the applicant, it is clear that the orders to award him the Combat Action Badge he submitted are fraudulent.  The applicant had replaced another Soldier's name with his name on the orders.  

7.  Since the applicant originally requested his DD Form 214 be corrected to show the Combat Action Badge (granted) and the Meritorious Unit Commendation (denied) and since the Combat Action Badge order was determined to be fraudulent, the applicant is not entitled to the requested relief or to any of the additional relief granted.  

BOARD VOTE:

___X__  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

3.  The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR2012001377, dated 4 April 2013, to rescind the decision to grant him partial relief and to deny the applicant relief with regard to amending his DD Form 214 by adding the Combat Action Badge, Army Good Conduct Medal, and a bronze service star to be affixed to his already-awarded Iraq Campaign Medal. 




      _______ _   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)                                         AR20130017003





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


1

ABCMR Supplemental Record of Proceedings (cont)                 AR20130017003



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1