ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20180001022 APPLICANT REQUESTS: * to receive separation pay in the amount of $27,453.48 * Purple Heart * 2 x Bronze Star Medals APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 638 (Recommendation for Award) x 3 * DA Form 4980-10-WT (Award Certificate) Purple Heart * Permanent Orders 363-142 * Medical Records * DA Form 4980-14 (Award Certificate) Army Commendation Medal * DA Form 4980-5-WT (Award Certificate) Bronze Star Medal FACTS: 1. The applicant states he did not receive the $27,453.48 severance pay he was entitled to as noted in Block 18.2.on his DD Form 214. He reports he was awarded a Purple Heart and 2 Bronze Star Medals not listed on this DD Form 214 under item 13. Decorations, Medal, Badges, Citation and Campaign Ribbons Awarded or Authorized. 2. The applicant provided sufficient evidence for one Bronze Star Medal and a Purple Heart. The Board will consider: * A Second Bronze Star Medal * Separation pay of $27,453.48 3. The applicant provides the following documents in support of his request: * DD Form 214 (Certificate of Release or Discharge from Active Duty) – shows he separation pay in the amount of $27,453.48 and it states “Member is entitled to half separation pay” * DA Form 638 (Recommendation for Award) x 3 – shows he was awarded 1 Bronze Star Medal, Purple Heart and 6 Army Commendation Medals * DA Form 4980-10-WT (Award Certificate) shows he was awarded the Purple Heart, Permanent Order # 363-142 * Permanent Orders 363-142, dated 29 December 2011 from the Department of Defense Headquarters Combined Joint Task Force-1, awards the applicant a Purple Heart for 15 November 2011 * Medical Records – shows the applicant was injured and treated at a Theater Facility, Theater Clinic as a result of an IED Blast * DA Form 4980-14 (Award Certificate) shows he was awarded the Army Commendation Medal, Permanent Order # 225-33 * DA Form 4980-5-WT (Award Certificate) shows he was awarded the Bronze Star Medal, Permanent Order #284-006 4. A review of the applicant’s records show: * 23 January 2004 to 18 February 2004 – he enlisted in the Delayed Entry Program * 19 February 2004 – he received active duty orders in the Regular Army (RA) * 5 March 2007- he served a tour of duty in Djibouti * 17 November 2008 – he completed a tour of duty in Iraq * 1 April 20011 and 26 February 2014 – he completed a tour of duty in Afghanistan * 1 November 2016 – he received an honorable discharge and his DD Form 214 shows he is entitled to half separation pay $27,453.48 * record is void of the applicant serving in the Reserve component 6. DA Form 4187 (Personnel Action) states under Section IV Remarks that the applicant understands, “In order to receive separation pay, I agree to serve in the Ready Reserve (RR) of a Reserve Component (RC) of the Armed Forces for a period of not less than 3 years following my separation from active duty (AD). I understand this document will not become a written agreement, for the purpose of eligibility for separation pay according to 10 USC, Section 1174 and DoDI 1332.29, paragraph 3.1.4, unless it is endorsed by a RR Career Counselor, or other official authorized to contract Soldiers into the RR certifying that I have been screened for eligibility of such service.” It was marked “Soldier is not qualified for appointment or enlistment in the RR.” Section V- Certification/Approval/Disapproval states the personnel action has been verified and signed by the Reserve Component Career Counsel, dated 1 November 2016. 7. Orders 013-0277 from the Department of the Army, US Army Installation Management Command, dated 13 January 2017, states the “Soldier is entitled to one- half separation pay IAW 10 USC 1174 for a period of 12 years 7 Months and 13 days of service.” 8. Email correspondence from Financial Management Specialist, Correction of Records/ Claims, Debt and Claims Management, Defense Finance and Accounting Service (DFAS), dated 28 August 2019, verifies the applicant did not receive separation pay when he was discharged on 1 November 2016. 9 The following documents are sufficient evidence to justify award of the Bronze Star Medal and the Purple Heart. • DD Form 214 • DA Form 638 (Recommendation for Award) • DA Form 4980-14 PO 284-006 • Permanent Orders 363-142 • DA Form 4980-10 PO363-142 10. The applicant’s records are void of documentation showing he was awarded or eligible for a second Bronze Star Medal. 11. See applicable references below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief is warranted. The applicant should be provided the $27,453.48 separation pay he was authorized but did not receive. The applicants DD Form 214 for the period ending November 1, 2016, should be corrected to show that he was awarded the Bronze Star Medal and the Purple Heart. There was insufficient evidence to show that the applicant was awarded a second Bronze Star Medal. ? 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 the Army records of the individual concerned be corrected by: a. Providing him the $27,453.48 separation pay he was authorized but did not receive. b. Showing on his DD Form 214 for the period ending November 1, 2016, the additional awards of Bronze Star Medal and the Purple Heart. 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 concerning award of a second Bronze Star Medal. 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. ? REFERENCES: 1. Department of Defense Instructions 1332.29 (Involuntary Separation Pay (Non- Disability) paragraph 3.1 states a member is entitled to full separation pay when the following five criteria are met: * the member has completed at least 6 years, but fewer than 20 years of active duty * separation is characterized as honorable * the member is being involuntarily separated by the military service concerned through their denial of reenlistment or the denial of continuation on active duty * the member has entered into a written agreement with the military service concerned to serve in the Ready Reserve of a Reserve component for a period of not less than 3 years * the member has signed the mandatory disclosure statement pertaining to military retired or retainer pay 2. Army Regulation (AR) 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. // NOTHING FOLLOWS // ABCMR Record of Proceedings (cont) AR20180001022 3 1