IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080003645
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show his rank and pay grade as captain, O3E; and his award of the Meritorious Service Medal.
2. The applicant states, in effect, that his DD Form 214 does not show his correct rank, pay grade, or award of the Meritorious Service Medal.
3. The applicant provides copies of his DD Form 214, retirement orders, award certificate, and letters from this Board, dated 13 July 2007, approving the correction of his retired rank and pay grade.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was on the Temporary Disability Retired List as a captain, pay grade O3E.
2. Records show that the applicant was discharged from the United States Army Reserve (USAR) in the grade of captain due to twice non-selection for promotion to major. He subsequently enlisted in the USAR in the pay grade of E-6 for a period of 6 years. On 30 May 2001, he was issued his 20-Year Letter for retired pay eligibility at age 60.
3. On 31 March 2004, the applicant was voluntarily ordered to active duty in the rank of staff sergeant, pay grade E-6. He was deployed to Iraq.
4. On 26 May 2006, the applicant was released from active duty and placed on the TDRL in the rank and pay grade of staff sergeant, E-6. His DD Form 214 shows in Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) that he was a staff sergeant, E-6.
5. Item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) list the Bronze Star Medal, Purple Heart, Air Force Outstanding Unit Award, Army Good Conduct Medal, Air Force Good Conduct Medal, National Defense Service Medal (two awards), Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Army Reserve Component Overseas Training Ribbon (three awards), Air Force Longevity Service Award Ribbon, and the Combat Infantryman Badge. It does not show award of the Meritorious Service Medal.
6. The applicants Official Military Personnel File (OMPF) shows that Permanent Orders 315-004, 87th Division, dated 11 November 2006 awarded him the Meritorious Service Medal for exceptionally meritorious service.
7. On 13 July 2007, this Board approved the applicants earlier request to correct his records to show that he was placed on the TDRL as a captain, pay grade O3E.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicants last period of active duty service was in the rank and pay grade of staff sergeant, E-6 and that his
DD Form 214 properly reflects this service.
2. The applicants records were previously corrected to show that he was placed on the TDRL in the retired rank and pay grade of captain, O3E. This was correct based on his prior service as a commissioned officer.
3. In view of the above, the applicants request to change his rank and pay grade on his DD Form 214 should be denied.
4. Permanent orders show that the applicant was awarded the Meritorious Service Medal for exceptionally meritorious service. Therefore, his records should be corrected to show this award.
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 showing that in addition to the awards shown on his DD Form 214, his awards include the Meritorious Service Medal.
2. The Board further determined that the evidence presented is 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 changing his rank and pay grade as shown on his DD Form 214.
__________ _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) AR20070015723
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080003645
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080012968
The applicant requests, in effect, correction to Item 3 (Social Security Number), Item 5a (Grade, Rate or Rank), Item 5c (Pay Grade), and Item 24 (Decorations, Medals, Badges, Commendations, citations and Campaign Ribbons Awarded or Authorized) of his 17 June 1971 separation document (DD Form 214). The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also entitled to the Valorous Unit Award, RVN Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2007 | 20070007507
The applicant states, in effect, that her promotion was not received upon retirement according to AR 600-8-19, that she did not receive her award until after she retired, and that there is no disability rating identified on her DD Form 214. Orders 05-122, dated 23 August 2006, issued by the Department of the Army, U.S. Army Human Resources Command, St. Louis, Missouri promoted the applicant from pay grade E-6 to pay grade E-7 with an effective date of rank of 23 August 2006. The evidence...
ARMY | BCMR | CY2006 | 20060001637C070205
A review of the applicant's military service records, in conjunction with Army Regulation 600-8-22 (Military Awards), confirmed that all of the authorized awards and decorations that the applicant is entitled to are recorded on his DD Form 214. The evidence of record shows that the applicant was selected for promotion to the grade of rank of SFC (E-7) in May 2001. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2006 | 20060000915C070205
Karmin Jenkins | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that prior to being placed on the Temporary Disability Retired List (TDRL) he was selected for promotion to captain. The applicant was selected for promotion to the grade of captain, and would have been promoted to that grade had he remained on the active duty list.
ARMY | BCMR | CY2015 | 20150001916
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as staff sergeant (SSG)/E-6 and his already-awarded Meritorious Service Medal. Orders, dated 29 January 2013, issued by the MIARNG, show the applicant was promoted to the rank/grade of SSG/E-6 with a date of rank and effective date of 11 November 2012. b. A DA Form 638 shows in Part V (Orders Data) the applicant was awarded the Meritorious Service Medal on...
ARMY | BCMR | CY2012 | 20120005317
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her pay grade as O3E. The applicant contends that her DD Form 214 should be corrected to show her pay grade as O3E based on her prior years of enlisted service. The evidence of record clearly shows that the applicant did indeed serve for more than 4 years on active duty as an enlisted soldier.
ARMY | BCMR | CY2010 | 20100013465
The applicant requests to be advanced to major on the Retired List based on his active service plus his service on the Retired List totaling 30 years. The applicant states his commission and eligibility for retirement at the grade of captain/pay grade O3E were restored by an Army Board for Correction of Military Records (ABCMR) decision in 1996. As a result of ABCMR Docket AC96-05172, the applicant's records were corrected to show: * he was released from active duty on 1 August 1993 as a...
ARMY | BCMR | CY2013 | 20130020415
The applicant requests, in effect: a. his rank be corrected from captain (CPT) to major (MAJ) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 August 1995; and b. the Meritorious Service Medal (MSM) and a second award of the Army Achievement Medal (AAM) be added to this DD Form 214. Since he was promoted to MAJ in the USAR after his discharge from active duty, there is no basis for amending his rank on his DD Form 214 for the period ending 1...
ARMY | BCMR | CY2007 | 20070006145
He also requests that his Certificate of Release or Discharge from Active Duty (DD Form 214) also show the Army Achievement Medal. Orders Number 092-0006, dated 2 April 1997, shows that while the applicant was released from active duty as a Sergeant First Class, he was placed on the retired list as a Master Sergeant, effective 30 June 1997, (the same as his separation date on his DD Form 214), in accordance with Army Regulation 635-200. Therefore, it was recommended that the applicants DD...
ARMY | BCMR | CY2007 | 20070018008
The applicant requests, in effect, award of the Army Service Ribbon (ASR) and Overseas Service Ribbon (OSR). The evidence of record confirms the applicant was REFRAD and placed on the TDRL on 31 January 1980, and that he was not in an active Army status on or after 1 August 1981, and there are no regulatory provisions that allow for retroactive award of the ASR and/or OSR to members who were not in an active Army status on or after 1 August 1981. In order to justify correction of a...