IN THE CASE OF: BOARD DATE: 1 March 2022 DOCKET NUMBER: AR20210008189 APPLICANT REQUESTS: award of the Combat Action Badge and his Honorable Discharge Certificate. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 25 January 2021 * DA Form 638 (Recommendation for Award), Permanent Orders Number 059-80, 28 February 2004 * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 had a permanent change of station from his deploying unit. His unit deactivated prior to the authorization of the award. He also never received an Honorable Discharge Certificate; he was released [in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) paragraph 16-9]. His second unit also deactivated and it was a last minute discharge. The awards were earned during combat operations in Afghanistan and by completing an honorable enlistment. 3. Regarding the Combat Action Badge the applicant's request to this Board is premature. Paragraph 2-5, Section II, Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states that the Board will not consider any application if it determines that he/she has not exhausted all administrative remedies available to them. There is no evidence that the applicant has submitted his request for award of the CAB to the Commander, U.S. Army Human Resources Command, and were denied relief. Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. If you are not on active duty or in an active status, you may request this award by letter. All requests must contain: * assignment, attachment, or operational control orders * a copy of your 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 * other supporting documentation In view of the foregoing, this portion of his application is returned without prejudice and without action being taken by the Board. However, should his case not be resolved to his satisfaction, and he still feels that an error or injustice exists, he may resubmit his application to this Board, including evidence of the denial of his request for administrative correction of your records. 4. The applicant's records contain sufficient evidence to support additional information not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show in block 18 (Remarks), SERVICE IN AFGHANISTAN from 20030714 to 20040401. 5. On 9 October 2002, the applicant enlisted in the Regular Army. He completed training and held military occupational specialty (MOS) 14S (Avenger Crewmember). 6. He provides a DA Form 638 (Recommendation for Award), Permanent Orders Number 059-80, 28 February 2004. It shows awarding him the Army Commendation Medal for meritorious service while serving as an Avenger Operator in support of Task Force Summit, during Operation Enduring Freedom from 14 July 2003 to 1 April 2004. 7. On 1 August 2005, he was honorably released from active duty. His DD Form 214 shows he was discharged UP of AR 635-200, chapter 16-9, for early separation due to unit move or inactivation. He was transferred to the U.S. Army Reserve to complete his remaining service obligations. His DD Form 214 shows he completed 2 years, 09 months and 23 days of net service and his DD Form 214 also shows in: a. block 12f (Foreign Service) – 00 09 10 b. block 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - * Army Lapel Button * Army Commendation Medal (2nd Award) * Global War on Terrorism Service Medal * Army Good Conduct Medal * Afghanistan Campaign Medal * National Defense Service Medal * Army Service Ribbon c. block 18 – no listing of any deployments 8. His records show Orders Number 06-361-00115, 27 December 2006, issued by Headquarters, 88th Regional Readiness Command. He was discharged from the U.S. Army Reserve, UP of AR 135-178, under other than honorable condition, effective 27 December 2006, and reduced to E-1. 9. There is no evidence the applicant was honorably discharged from the U.S. Army Reserve. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Board members agreed that the applicant's request for the CAB to this Board is premature. He has not exhausted his administrative remedies. Board members also agreed that the applicant did not receive an honorable discharge and does not qualify for an Honorable Discharge Certificate. ? 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: Except for the correction addressed in Administrative Note(s) below, 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 NOTE(S): A review of the applicant's records show he was authorized to show in item 18 (Remarks) – SERVICE IN AFGHANISTAN from 20030714 to 20040401; which is not listed on his DD Form 214. ? REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents) states: a. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The specific instructions for: * block 12f, enter the total amount of service performed outside the continental Unites States during the period covered by the DD Form 214 * block 18, for active duty Soldiers deployed with their unit during their continuous period of active service, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive date)” b. Issue DD Form 256A (Honorable Discharge Certificate) to all Soldiers receiving an honorable discharge. In the space under “this is to certify that,” enter the Soldier’s name, typed in capital letters in signature order, followed by the rank (do not abbreviate) and career branch (officer) or component (enlisted). Do not include the Soldier’s social security number. Spell out the component if RA; enter other components as ARNGUS or USAR. Type the name of the official signing the certificate between the lines in the lower right corner of the certificate. Type the name in capital letters in the signature order, with grade and branch below the name. If the official signing the certificate is a civilian employee, type the name in capital letters in the signature order, with title below the name. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008189 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1