ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 April 2019 DOCKET NUMBER: AR20170017570 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 June 2006 to reflect: * item 4a (Grade, Rate, or Rank) as “SGT” (Sergeant/E-5) instead of “SPC” (Specialist/E4) * item 12b (Separation Date This Period) as “2006 09 14” * item 12c (Net Active Service This Period) as “1 year, 5 months, 20 days” * add Army Good Conduct Medal * add Army Superior Unit Award * award Combat Action Badge (CAB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 05-076-00030, dated 17 March 2005 * Orders Number 06-346-00020, dated 12 December 2006 * Permanent Orders Number 130-36, dated 10 May 2007 * Permanent Orders Number 303-07, dated 30 October 2007 * Orders Number 10-120-00012, dated 30 April 2010 * Orders Number D-06-011297, dated 22 June 2010 FACTS: 1. The applicant’s awards requests for the Army Good Conduct Medal and the Army Superior Unit Award are supported by sufficient evidence provided by the applicant; therefore, they will be administratively corrected and not considered by the Board. The Board will consider: * rank as “SGT” * Separation Date as “2006 09 14” * Net Active Service This Period as “1 year, 5 months, 20 days” * award Combat Action Badge (CAB) 2. The applicant states: * the total active duty time on his current DD Form 214 is only 1 year, 2 months, and 2 days (or 437 days), with a separation date of 6 June 2006 * his records should be corrected to show a total of 1 year, 5 months, and 20 days, separated on 14 September 2006 * his amendment orders indicate “545 days of active duty, not the 437 shown” * he obtained amended orders and other documents from the national archives that show the full amount of time he was ordered to active duty * he also obtained records that prove awards he earned not on his DD Form 214 * he was a reserve service member who was passed around to several units and had things lost in the shuffle, including his Combat Action Badge (CAB) he was awarded for his service in Iraq, but it never made it to him * he has records of other awards to also be added to his DD Form 215, that were never added to his DD Form 214 * these changes will help with his civilian government retirement and with possible Veterans Administration (VA) claims 3. The applicant provides the following: a. Orders Number 05-076-00030 issued by Headquarters (HQ), U.S. Army Civil Affairs and Psychological Operations Command (Airborne) (USACAPOC) on 17 March 2005, which amend Orders Number 05-063-00151 issued on 4 March 2005. The amendment pertains to the mobilization of the applicant for a period of 365 days, changed to reflect 545 days. b. Orders Number 06-346-00020 issued by USACAPOC on 12 December 2006, wherein the applicant is promoted from the rank of Specialist (SPC/E4) to Sergeant (SGT/E5), with an effective date of 1 December 2006. c. Orders Number 10-120-00012 issued by USACAPOC releasing the applicant for expiration of U.S. Army Reserve (USAR) service obligation. The applicant was transferred to the USAR Control Group (Reinforcement) effective 30 April 2010. d. Orders Number D-06-011297 issued by HRC on 22 June 2010 wherein the applicant is honorably discharged from the USAR. 4. On 25 March 2005, the applicant was ordered to active duty (mobilization) for deployment for a period of 365 days. 5. On 17 March 2005, so much of the aforementioned orders were amended by Orders Number 05-076-00030 from a period of 365 days to a total of 545 days. 6. On 10 May 2006, the applicant received Release from Active Duty (REFRAD) Orders Number R130-135 ordering him to return for demobilization, reporting to Fort Bragg, NC on 6 May 2006. 7. On 6 June 2006, the applicant was released from active duty and he was transferred to his original assignment with the 304th PO Company. His DD Form 214 shows the separation date for this period of service is listed as 6 June 2006 for a total of 1 year, 2 months, and 12 days of net active service for this period. It does not show he was awarded the CAB. 8. His DA Form 2-1 (Personnel Qualification Record - Part II) Brief does not show the CAB in Section 9 (Awards, Decorations & Campaigns). Item 35 (Record of Assignments) shows he was REFRAD and returned to Reserve unit of assignment on 6 June 2006. 9. His service record is void of any orders or documentation awarding him the CAB by proper authority. 10. The applicant was promoted to SGT/E-5 on 1 December 2006, after his release from active duty. 11. By regulation: a. For award of the CAB, the Soldier must be personally present and actively be engaged or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. Narratives and sworn statements of incidents will include the proximity of the Soldier to the impacted area or small arms fire (in meters) and whether the Soldier could have reasonably been injured by the blast, detonation or explosion. b. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. The analyst of record provided relief of requested items not considered by the Board below in the administrative notes. The applicant was promoted to SGT after his period of Active duty service. The separation document summarized his service for that period of service in which he was not a SGT. His record is absent evidence that shows he was awarded a CAB, and he did not provide evidence of an incident that may have qualified him for a CAB. Finally, the Board agreed his service dates are accurate as listed on the DD Form 214. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 NOTES: 1. A review of the applicant’s records shows he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 to add the following: * Army Superior Unit Award * Good Conduct Medal 2. Permanent Orders Number 130-36 issued by 14th Psychological Operation Battalion on 10 May 2007 awarding the applicant with the Army Good Conduct Medal for the period of service from 25 March 2005 to 6 June 2006, for exemplary behavior, efficiency, and fidelity in active federal service. Note: This award was awarded for the period of service covered in the DD Form 214. 3. Permanent Orders Number 303-07 dated 30 October 2007, awarding his unit the Army Superior Unit Award for meritorious service for the period of service from 15 September 2004 to 15 September 2005. Note: The applicant was assigned to 304th Psychological Operations (PO) Company, USACAPOC, when the unit was awarded this award. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military awards. It states the Combat Action Badge was created on 2 May 2005 to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. The requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations, is not required to qualify to the Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. Award of the CAB is authorized from 18 September 2001 to a date to be determined. The CAB will be announced in Permanent Orders. The specific eligibility requirements include: * May be awarded to any Soldier * Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized * Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement 2. Military Personnel Message 11-268 (Approved Changes to AR 600-8-22) provides clarifying guidance for the combat badges. It states, in pertinent part, narratives and sworn statements of incidents will include the following: * Specific date of the incident * Proximity of the Soldier to the impacted area or small arms fire (in meters) * Whether the Soldier could have reasonably been injured by the blast, detonation or explosion 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents that are furnished individuals who are retired, discharged, or released from active military service, including members of Reserve components on active duty for training or full-time training duty. It states for: * item 4 (Grade, Rate or Rank), enter active duty grade or rank and pay grade at time of separation from enlisted record brief/officer record brief * item 12b (Separation Date This Period), the soldier's transition date (this date may not be the contractual date if soldier is separated early) * item 12c (Net Active Service This Period), amount of service this period, computed by subtracting item 12a from 12b * item 12h (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date or promotion to the current pay grade 4. AR 635-8 (Separation Processing and Documents), currently in effect, states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. Soldiers separating from an inactive duty status do not receive a DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170017570 3 1