IN THE CASE OF:    

		BOARD DATE:  20 November 2014	  

		DOCKET NUMBER:  AR20140006841 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Legion of Merit.  He further requests correction of items 19a (Mailing Address After Separation) and 19b (Nearest Relative) to an address in Ridgeway, South Carolina.

2.  The applicant states the Legion of Merit was approved after his DD Form 214 was completed and the addresses in items 19a and 19b are incorrect.

3.  The applicant provides his DD Form 214 and a DA Form 4980-11 (Legion of Merit Certificate).

CONSIDERATION OF EVIDENCE:

1.  On 30 June 2012, the applicant was honorably retired for sufficient service in the rank/grade of sergeant major/E-9.  His DD Form 214 shows in:

* item 19a, an address in Montgomery, Louisiana
* item 19b, an individual with an address in Montgomery, Louisiana
* item 21a (Member Signature), the applicant's digital signature
* item 21b (Date), he signed the form on 29 June 2012

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Legion of Merit; however, he provides and his record contains Permanent               Order 264-01, issued by the Commanding General, Fort Bragg, NC on              20 September 2012, which awarded him the Legion of Merit.

3.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It states the          DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It provides instructions for completing each item on the DD Form 214.  The instructions for items 19a and 19b state:

* mailing address after separation and nearest relative will be provided by the Soldier
* this address must be a permanent address
* advise a Soldier that the name and address of a relative should be someone who will know their location and address at all times  

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Legion of Merit; therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  The available evidence does not support his request for correction of items 19a and 19b of his DD Form 214 to show an address in Ridgeway, South Carolina instead of an address in Montgomery, Louisiana.

3.  Considering that the mailing address after separation is provided by the Soldier, it must be presumed that the DD Form 214 accurately reflects the information he provided.  The fact that he subsequently changed his address is noted; however, a change in plans subsequent to completion of the DD Form 214 is an insufficient basis for changing the address on his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding the Legion of Merit to his DD Form 214.

2.  The Board further determined that the evidence presented was 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 correcting items 19a and 19b of his DD Form 214 to show an address in Ridgeway, South Carolina.  




      _______ _   _X______   ___
               CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20140006841





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ABCMR Record of Proceedings (cont)                                         AR20140006841



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