RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 September 2007
	DOCKET NUMBER:  AR20070005474 


	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

Ms. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Mr. William Powers

Chairperson

Ms. LaVerne Douglas

Member

Mr. Jerome Pionk

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 January 2004 be corrected to show his proper date of entry onto active duty and all awards received during his period of active duty service.

2.  The applicant states that his DD Form 214 is incorrect.  He states, in effect, that his entry date onto active duty should be "19790606" vice "19750707" which is the date he entered the United States Military Academy.  He states his DD Form 214 does not reflect the second award of the Legion of Merit, Defense Superior Service Medal, or the second award of the Joint Meritorious Unit Award. 

3.  The applicant provides copies of his DD Form 214, oath of office and accession orders onto active duty, copies of the award order and certificate for the Defense Superior Service Medal, two separate Legion of Merit award certificates (one with orders), and the Joint Meritorious Unit Award for Headquarters, US Central Command, during the period 11 September 2001 to 1 May 2003. 

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant entered the Regular Army on 6 June 1979 from the United States Military Academy as a commissioned officer, attended civilian graduate schooling, and then the military intelligence officer advanced course serving continuously in career management field 35D (Tactical Intelligence) until his retirement on 31 January 2004.  

2.  The DD Form 214 issued at the time of the applicant's retirement on 31 January 2004 shows in Block 12a (Date Entered Active Duty) the entry "19750707"; in Block 12c (Net Active Service This Period) the entry "28 years, 
6 months and 24 days."

3.  This same DD Form 214 shows in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the entry "Legion of Merit, Defense Meritorious Service Medal, Meritorious Service Medal (5th Award), Army Commendation Medal (2nd Award), Joint Meritorious Unit Award, National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Army Service Ribbon, Overseas Service Ribbon, Parachutist Badge, and Army Staff Identification Badge."

4.  The applicant's personnel service record shows he completed DA Form 71 (Oath of Office - Military Personnel) on 6 June 1979.  Permanent Change of Station Orders 110-948, dated 6 June 1979, published by Headquarters, United States Military Academy (USMA), authorized him leave from USMA on 6 June 1979 to his first duty station with a report date on 20 June 1979.

5.  Permanent Orders 148-0004, dated 28 May 2003, published by the DA Personnel Service Support Team, MacDill Air Force Base (AFB), Florida, shows the applicant entered active military service on 6 June 1979 and that he voluntarily retired effective 31 January 2004.  This same order shows that he successfully completed 24 years, 7 months and 25 days of active federal service.

6.  Headquarters, United States Army Intelligence and Security Command, Fort Belvoir, Virginia, Permanent Orders 302-9, dated 29 October 2003, awarded the applicant the Legion of Merit.

7.  The applicant's Official Military Personnel File shows he was awarded the Legion of Merit for his exceptionally meritorious service as a battalion commander during the period 3 August 1996 to 17 July 1998.  The Adjutant General of the Army signed the certificate and it is dated 30 June 1998.

8.  Headquarters, Central Command, MacDill AFB, Florida, Permanent Orders GB-3076, dated 30 October 2003, awarded the applicant the Defense Superior Service Medal.

9.  Joint Staff Permanent Order Number J-ISO-0227-03, dated 15 September 2003, awarded the Joint Meritorious Unit Award for exceptionally meritorious achievement to Headquarters, US Central Command, MacDill AFB, Florida, for the period 11 September 2001 to 1 May 2003.

10.  Headquarters, United States Army Garrison, Fort Myer, Virginia, Permanent Order 109-042, dated 18 April 2000, directed the applicant on a permanent change of station relocation to the United States Army Element, MacDill AFB, Florida with a reporting date of 10 July 2000.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge or release from active duty service.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-1 of this regulation states that 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.  
12.  Army Regulation 635-5 provides, in pertinent part, a list of authorized source documents to be used when completing a Soldier's DD Form 214.  Included on this list is any other document authorized for filing in the Official Military Personnel File, the DA Form 4037 (Officers Record Brief) (Computer Generated), and separation order.

13.  Army Regulation 635-5 provides, in pertinent part, that decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in Item 13 of the DD Form 214.

14.  Army Regulation 635-5 provides, in pertinent part, that the signature in Item 21 of the DD Form 214 indicates a Soldier has reviewed the form and accepted the information as being correct to the best of their knowledge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 incorrectly shows his record of service was carefully considered and determined to have merit.

2.  The applicant's personnel service records show he entered active duty on 6 June 1979, that he was retired on 31 January 2004 and that he completed 24 years, 7 months and 25 days of active duty service.

3.  Based on the foregoing information, the applicant's DD Form 214 should be amended to show the date he entered active duty as 6 June 1979 and his net active service for this period as 24 years, 7 months and 25 days. 

4.  The orders from Headquarters, United States Army Intelligence and Security Command, awarded the applicant the Legion of Merit.  Records show this is the applicant's second award of the Legion of Merit.  Therefore, it is appropriate to add the Legion of Merit First Oak Leaf Cluster to the applicant's DD Form 214 with a separation date of 31 January 2004.

5.  The orders from Headquarters, Central Command, MacDill AFB, awarded the applicant the Defense Superior Service Medal.  Therefore, it is appropriate to add the Defense Superior Service Medal to the applicant's DD Form 214.

6.  The orders from the Joint Staff, Washington DC, awarded the Joint Meritorious Unit Award to Headquarters, US Central Command, MacDill AFB, for the period 11 September 2001 to 1 May 2003.  A separate set of orders 

published by Headquarters, United States Army Garrison, Fort Myer, shows the applicant was assigned to this unit during the stated period.  Therefore, it is appropriate to add the Joint Meritorious Unit Award First Oak Leaf Cluster to the applicant's DD Form 214.

BOARD VOTE:

__WP___  __LD  ___  __JP ___  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 the DD Form 214 with a separation date of 31 January 2004 to show:

	a.  the entry in Block 12a (Date Entered AD This Period) "1979 (year) 06 (month) 06 (days)", Block 12c (Net Active Service This Period) "24 years, 7 months, 25 days"; and

	b.  that Item 13 includes the following awards: Legion of Merit with Oak Leaf Cluster, Defense Superior Service Medal, and the Joint Meritorious Unit Award.

_____William Powers_______
          CHAIRPERSON




INDEX

CASE ID
AR20070005474
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070925
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
100.00
2.
107.00
3.

4.

5.

6.