RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 July 2007
DOCKET NUMBER: AR20070001392
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Ms. Catherine C. Mitrano | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Ms. Kathleen A. Newman | |Chairperson |
| |Ms. Susan A. Powers | |Member |
| |Mr. Edward E. Montgomery | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the Distinguished Service Medal
(DSM) be added to Item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) of his 30 September 2005 separation
document (DD Form 214).
2. The applicant states, in effect, his retirement award of the DSM was
approved after he had been issued his DD Form 214 and he would like his
retirement award added to his final separation document at this time.
3. The applicant provides the following documents in support of his
application: DSM Certificate and Citation; Recommendation for Award (DA
Form 638);
DD Form 214; and Retirement Orders.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record shows that on 30 September 2005, he was
honorably REFRAD for the purpose of retirement after completing a total of
29 years,
6 months and 25 days of active military service. The DD Form 214 he was
issued at the time did not include the DSM or Legion of Merit (LOM) in the
list of authorized awards contained in Item 13.
2 The applicant provides a DA Form 638, dated 2 May 2005, which shows he
was recommended to receive the DSM as his retirement award. This document
also shows that an interim award of the LOM had been awarded on 29 July
2005, and that on 22 August 2005, the Vice Chief of Staff, Army, approved
the DSM for the applicant, and this award was announced in Human Resources
Command, Permanent Orders Number 234-31 on 22 August 2005.
3 The applicant also provides copies of a DSM Certificate and Citation,
which show he was awarded the DSM for exceptionally meritorious service in
a duty of great responsibility during the period 1 October 1995 through 30
September 2005.
4 Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army. It also
establishes standardized policy for preparing and distributing the DD Form
214. Chapter 2 contains instructions for preparing the DD Form 214. The
instructions for Item 13 indicate that all awards and decorations for all
periods of service should be listed.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was awarded the DSM, for his
meritorious service in a duty of great responsibility, upon his retirement
from the Army. It is clear that the award was not approved and returned in
sufficient time to be included in the list of awards contained in Item 13
of his final DD Form 214. Therefore, it would be appropriate and serve the
interest of justice to add it to his separation document at this time.
BOARD VOTE:
__KAN _ __SAP__ __EEM__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending Item 13 of his 30 September 2005 DD Form 214 by adding the
Distinguished Service Medal; and by providing him a correction to his
separation document that includes this award.
_____Kathleen A. Newman____
CHAIRPERSON
INDEX
|CASE ID |AR20070001392 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2007/07/10 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2005/09/30 |
|DISCHARGE AUTHORITY |AR 635-200 C12 |
|DISCHARGE REASON |Retirement |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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