RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 May 2008 DOCKET NUMBER: AR20070018391 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. Director Analyst The following members, a quorum, were present: Chairperson Member 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was ordered to active duty under the provisions of Title 10 United States Code (10 USC) 12302 in support of Operation Enduring Freedom (OEF). He also requests that his discharge document be corrected to show he was awarded the Bronze Star Medal. 2. The applicant states, in effect, that a typographic mistake and a missing document were the catalysts for the errors on his DD Form 214. 3. The applicant provides copies of orders to active duty, DA Form 638 (Recommendation for Award), and DA Form 4980-5 (Certificate for the Bronze Star Medal) as documentary evidence in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant's record shows that he is a member of the Alabama Army National Guard. He currently holds the rank of lieutenant colonel/pay grade O-5, and the primary specialty of 15D (Aviation Logistics). 2. Alabama State Military Department, Montgomery, Alabama Orders 008-196, dated 8 January 2004, ordered the applicant to active duty in support of OEF under the provisions of Title 10 USC 12302 on 18 January 2004 for a period not to exceed 365 days. 3. Item 18 (Remarks) of the applicant's DD Form 214 indicates he was ordered to active duty in support of OEF under the provisions of 10 USC 12304. 4. DA Form 4980-5, dated 12 February 2005, was presented to the applicant to commemorate his award of the Bronze Star Medal for his actions in support of OEF during the period 31 March 2004 to 27 March 2005. 5. DA Form 638, dated 15 March 2005, shows that Combined Joint Task Force-76 Permanent Order Number 74-078 awarded the applicant the Bronze Star Medal for his actions in support of OEF during the period 31 March 2004 to 27 March 2005. 6. Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal. 7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). Section 2-1 of this regulation provides instructions for preparation of the DD Form 214. Specifically, it states that in the Remarks section of the DD Form 214 the following statement will be added for a Reserve ordered to active duty and deployed to a foreign country: "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)." DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to show he was ordered to active duty under the provisions of Title 10 USC 12302 in support of OEF and that he was awarded the Bronze Star Medal was carefully considered and found to be with merit. 2. Orders show the applicant was ordered to active duty under the provisions of Title 10 USC 12302 in support of OEF. Therefore, he is entitled to have his DD Form 214 corrected to show he was ordered to active duty under this provision. 3. Orders show the applicant was awarded the Bronze Star Medal for his actions in support of OEF during the period 31 March 2004 to 27 March 2005. Therefore, he is entitled to have his DD Form 214 corrected to show this award. 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 showing that he was ordered to active duty under the provisions of Title 10 United States Code 12302 in support of Operation Enduring Freedom and that he was awarded the Bronze Star Medal. ___________X___________ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070018391 2 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET, 2ND FLOOR ARLINGTON, VA 22202-4508