RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 February 2008
DOCKET NUMBER: AR20070013314
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Ms. Marla J. N. Troup
Member
Mr. David R. Gallagher
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period
11 February 1966 to show award of the Meritorious Service Medal.
2. The applicant states, in effect, that he received the above award after he was no longer in the Active Reserve.
3. The applicant provides his DD Form 214 with the ending period 11 February 1966; Headquarters, 88th Regional Support Command Permanent Order Number 96A-271-07, dated 27 September 1996; page 1 of his DA Form 2-1 (Personnel Qualification Record Part II); and a Meritorious Service Medal certificate, dated 24 September 1996.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant had prior service in the U.S. Naval Reserve. He enlisted in the U.S. Navy on 14 July 1961. His DD Form 214 with the period ending
11 February 1966 shows that he was honorably released from active duty and transferred to the U.S. Naval Reserve on 11 February 1966. After a break in service, the applicant enlisted in the U.S. Army Reserve on 27 February 1981. On 15 September 1996, he was placed in the Retired Reserve.
3. Headquarters, 88th Regional Support Command Permanent Order Number 96A-271-07, dated 27 September 1996, shows that the applicant was awarded the Meritorious Service Medal.
4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded the Meritorious Service Medal, but it was for service outside the period covered by the DD Form 214. Therefore, it is not authorized to be entered on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__RDT __ __MJNT ___DRG DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____Richard T. Dunbar _
CHAIRPERSON
INDEX
CASE ID
AR20070013314
SUFFIX
RECON
DATE BOARDED
28 FEBRUARY 2008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
107.0017.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2008 | 20080016758
During its original review the Board found insufficient evidence to support the applicant's allegation that his non-selection for promotion by the July 1993 BG Promotion Selection Board was unjust and the Board finally concluded that the highest rank he attained was colonel (COL) and that there was insufficient evidence to support his promotion to BG. This official further indicates that there is no evidence suggesting the applicant was recommended/nominated for promotion to BG or that he...
ARMY | BCMR | CY2007 | 20070005414C071029
The applicant requests that item 18 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2003 be corrected to read, “Ordered to Active Duty in support of Operation Noble Eagle IAW Title 10 USC Section 12302 HQDA MSG 04121ZJAN02/DAMO- ODM/ORDTYP/MOBORD/HQDA ONE NO 073-02.” 2. The regulatory guidance is to use only the general, statutory cite (i.e., “10 USC 12302”) that provides for Reserve Soldiers to be ordered to active duty and not to use...
ARMY | BCMR | CY2007 | 20070003933
He further requests that the Army Commendation Medal 2nd Award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 18 March 2001. Evidence of record shows that the applicant was awarded the Army Commendation Medal (2nd Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. amending his DD Form 214 to add the award of the Army Commendation Medal (2nd Award); b....
ARMY | BCMR | CY2006 | 20060015308
His records were sent to the July 1993 Promotion Board for promotion to the rank of BG/O-7. The applicant is requesting correction of an alleged error or injustice which occurred on 15 September 1996, the date he was transferred to the Retired Reserve. The applicant alleges to have been considered and not selected for promotion to BG by the 1993 General Officer Selection Promotion Board; however, he provided no documentary evidence to support his allegation.
ARMY | BCMR | CY2009 | 20090006485
The applicant requests that the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 March 2009 be changed to show the entries listed below: a. His DD Form 214 for the period ending 30 March 2009 shows he completed 1 year and 23 days active military service during this period. Therefore, it would be appropriate to amend item 12a on the applicant's DD Form 214 for the period ending 30 March 2009 to show he entered active duty on...
ARMY | BCMR | CY2007 | 20070011115
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 October 2007 DOCKET NUMBER: AR20070011115 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. There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam. In the absence of military records or other corroborating evidence which...
ARMY | BCMR | CY2007 | 20070004076
There is no evidence the applicant received the first award of the Good Conduct Medal. There is no evidence of record that shows the applicant had an Active Army status on or after 1 August 1981. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 2 August 1963 through 1 August 1966; b. correcting his DD Form...
ARMY | BCMR | CY2013 | 20130007586
The applicant's records show he was recommended for promotion to master sergeant by the August 2007 Senior Enlisted Promotion Board and integrated onto the PPRL managed by the 88th RRC. There is no evidence the applicant was placed in an E-8 position or that orders were published promoting him to pay grade E-8. c. Paragraph 5-44f of Army Regulation 600-8-19 states before submitting removal action, commanders will promptly advise the convening authority of any Soldier whose name appears on...
ARMY | BCMR | CY2002 | 2002077378C070215
APPLICANT STATES : In effect, that his OER’S for the periods of 12 September 1996 through 11 September 1997 and 12 September 1997 through 11 September 1998 were not completed until 25 August 1999, that his rating chain was improper because he was never assigned to the 88 th Regional Support Command (RSC), that none of the requirements of Army Regulation 623-105 were complied with, that he was twice non-selected for promotion to LTC because neither the OER’s or a statement of non-rated time...
ARMY | BCMR | CY2007 | 20070000639C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 June 2007 DOCKET NUMBER: AR20070000639 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. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during...