ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 29 October 2019 DOCKET NUMBER: AR20170012927 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) to show specialist (SPC) and E-4 respectively * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), add the Purple Heart, Army Commendation Medal with V Device, and Combat Action Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificate of Retirement * Certificate for award of the Purple Heart * Certificate for award of the Army Commendation Medal with V Device FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was wounded in action on 29 August 2003 during combat operations in Iraq. He was medically retired for permanent disability on 20 September 2004. He has copies of his Purple Heart and Army Commendation Medals that he is submitting. He provides certificates for the two awards and a Certificate of Retirement, dated 20 September 2004, listing his rank as SPC. 3. With respect to the Combat Action Badge, based upon his application, the evidence of record, and accompanying supporting documents the applicant submitted, it does not appear that he was recommended for or awarded the Combat Action Badge. As such, his request to this Board is premature. If the applicant believes he is eligible for this badge, he may apply for retroactive award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, Dept 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408. The Combat Action Badge may be requested by letter and must contain the following: * Assignment, attachment, or operational control orders * A copy of the Soldier's Officer or Enlisted Record Brief or Personnel Qualification Record * A copy of the chain of command endorsement * A one-page narrative description of the qualifying incident * A certified copy of the DD Form 214 * Any other supporting documentation 4. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 20 March 2001. He held a cavalry specialty. He served in Iraq from 17 March 2003 to 29 August 2003. b. Permanent Orders (PO) Number 10-01, issued by Headquarters, 1st Squadron, 3rd Armored Cavalry Regiment (ACR) on 10 January 2003, awarded him the Army Achievement Medal for meritorious service from 4 to 6 December 2002. The orders listed his rank as private first class (PFC). c. PO Number 300-014, issued by Headquarters, Combined Joint Task Force Seven, Iraq, on 27 October 2003, awarded him the Purple Heart for wounds received in action on 30 August 2003. The orders listed his rank as SPC. d. PO Number 038-075, issued by Headquarters, 1st Squadron, 3rd ACR on 7 February 2004, awarded him the Army Commendation Medal with V Device for valorous performance from 10 April to 30 August 2003. The orders listed his rank as SPC. e. PO 218-062, issued by D Detachment, 502nd Personnel Services Battalion, Fort Carson, CO on 5 August 2004, awarded him the Army Good Conduct Medal (1st Award) (19 March 2001 - 18 March 2004). The orders listed his rank as SPC. f. His Enlisted Record Brief, dated 8 September 2004, shows he was advanced to PFC/E-3 on 1 February 2004 and to SPC/E-4 on 20 March 2003. g. Orders 272-0008, issued by Headquarters, 7th Infantry Division, Fort Carson, on 28 September 2004, retired him from active duty effective 20 September 2004, due to disability, and placed him on the retired list in his retired grade of PVT/E-1 on 21 September 2004. h. He was honorably retired on 20 September 2004 and he was placed on the retired list in his retired rank/grade of private (PVT) E-1 on 21 September 2004. His DD Form 214 shows he completed 3 years, 6 months, and 1 day of active service, of which 6 months was foreign service. It also shows in: * Blocks 4a and 4b, PVT and E-1 respectively * Block 12h (Effective Date of pay Grade) 10 September 2004 * Block 13, the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Army Lapel Button, Army Service Ribbon, and Overseas Service Ribbon 5. By regulation (Army Regulation (AR) 600-8-104 (Army Military Human Resource Records Management), all UCMJ Article 15 documents and forms will be filed in accordance with AR 27-10 (Military Justice). No UCMJ Article 15 or supporting documents will be filed for E-4/CPL and below. For all other Soldiers, different instructions apply. 6. By regulation (AR 635-5), items 4a and 4b of the DD Form 214 show the active duty grade or rank and pay grade at the time of separation, and item 12f shows the effective date of the pay grade shown in item 4a. 7. By regulation (AR 15-185 (ABCMR)), the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body; the applicant has the burden of proving an error or injustice by a preponderance of the evidence. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The DD Form 214 clearly shows his date of rank to E-1 was 10 September 2004. Based upon that date of rank, it suggests the applicant was reduced possibly prior to his retirement. In the Board’s view, an administrative error would be to list the rank as PFC vice SPC but to show E-1 suggests something had happened that led to his reduction to E-1, and because he was an E-4 and below, an NJP is not necessarily filed in his official records. Therefore, the Board concluded there was insufficient evidence of an error or injustice related to the applicant’s rank reflected on his DD Form 214. However, the Board did note the administrative note below from the analyst of record concerning the requested awards and recommended those be added to more accurately reflect his military service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding: * Purple Heart * Army Commendation Medal with V Device * Army Achievement Medal 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the rank of the former service member. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records shows he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 to show the following awards: * Army Achievement Medal * Army Commendation Medal with V Device * Purple Heart REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. It states the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body; the applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. AR 600-8-104 (Army Military Human Resource Records Management) provides policies, operating tasks, and steps governing the AMHRR. The AMHRR is an administrative record as well as the official permanent record of military service belonging to a Soldier. It remains in Army control for 62 years from a Soldier's final separation date and is transferred to the control of the National Archives and Records Administration (NARA) upon the 63rd year. The AMHRR is the historical and authoritative source for authentication of veteran or service-related benefits, entitlements, and services. The purpose of the AMHRR is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions. The DA Form 2627: All UCMJ Article 15 documents and forms will be filed in accordance with Army Regulation 27-10. No UCMJ Article 15 or supporting documents will be filed for E-4/CPL and below. For all other Soldiers, different instructions apply. 4. AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states: * Items 4a and 4b show the active duty grade or rank and pay grade at the time of separation * Item 12f shows the effective date of the pay grade shown in item 4a NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170012927 6 1