IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080010357
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 that his active duty during Operation Desert Shield and his award of the Legion of Merit be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 25 April 2008.
2. The applicant states his period of active duty from 4-28 December 1990 was not included on his DD Form 214 in the entry for prior active service. He further states his award of the Legion of Merit he received for his period of retired recall service was not entered on his DD Form 214.
3. The applicant provides, in support of his application, a copy of his orders to active duty effective 4 December 1990, a military pay voucher, his DD Form 214 with a separation date of 26 August 1982, his DD Form 214 with a separation date of 25 April 2008, a certificate for award of the Legion of Merit, and a DD Form 638 (Recommendation for Award).
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows he was commissioned a second lieutenant on 9 May 1974 in the U.S. Army Reserve (USAR). He entered into active duty on 28 May 1978.
2. On 26 August 1982, the applicant was released from active duty due to his completion of required service. He had completed 4 years, 2 months, and
29 days of active service that was characterized as honorable.
3. On 29 November 1990, the applicant was ordered to 26 days of active duty in support of Operation Desert Shield with a reporting date of 4 December 1990.
4. The military pay voucher submitted by the applicant shows he was paid full pay and allowances from 3 December 1990 to 28 December 1990, a period
of 26 days.
5. On 1 June 2004, the applicant was assigned to the Retired Reserve.
6. On 8 June 2004, the applicant was ordered to active duty in a Retired Status effective 14 June 2004.
7. On 25 April 2008, the applicant was released from active duty by reason of his completion of required active service. He had completed 3 years, 10 months, and 12 days of active service that was characterized as honorable. Item 12d (Total Prior Active Service) contains the entry 0004 02 29 (4 years, 2 months, and 29 days). Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not contain an entry for the Legion of Merit.
8. The DD Form 638, dated 14 February 2008, submitted by the applicant shows he was recommended by his commander and approved by the Chief, Military Awards Branch, Human Resources Command, Alexandria, Virginia, for award of the Legion of Merit for exceptionally meritorious service from 14 June 2004 to
25 April 2008. Permanent Order No. 093-55, dated 2 April 2008, is entered on the DD Form 638.
9. The applicant submitted a copy of a certificate showing he was awarded
the Legion of Merit for exceptionally meritorious service from 14 June 2004 to
25 April 2008. Permanent Order No. 093-55, dated 2 April 2008, is indicated on the certificate.
10. Army Regulation 635-5 (Separation Documents) provides for the total amount of prior active military service less lost time, if any, from previously issued DD Forms 214 to be entered in Item 12d of the DD Form 214. This regulation also provides that a DD Form 214 is not issued to mobilized USAR Soldiers for periods of active duty less than 90 days
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his active duty during Operation Desert Shield and his award of the Legion of Merit were not included on his DD Form 214 with a separation date of 25 April 2008.
2. The entry in Item 12d of the applicant's DD Form 214 clearly shows only the amount of prior active service that is covered by his DD Form 214 with a separation date of 26 August 1982, 0004 02 29.
3. He was not issued a DD Form 214 for his active duty in December 1990 because it was for a period of less than 90 days. His pay voucher shows he was in fact on active duty receiving pay and allowances for 26 days.
4. In view of the above, it is appropriate to include the applicant's 26 days of active duty on his DD Form 214 with a separation date of 25 April 2008. Therefore, the entry in Item 12d of his DD Form 214 with a separation date of
25 April 2008 to read 0004 03 25 (4 years, 3 months, and 25 days) instead of 0004 02 29.
5. The DD Form 638 showing recommendation and approval of the Legion of Merit and the certificate for award of the Legion of Merit, submitted by the applicant, are sufficient evidence to show he was awarded the Legion of Merit. Therefore, it is appropriate to add the Legion of Merit to Item 13 of his DD Form 214 with a separation date of 25 April 2008.
BOARD VOTE:
___X____ ___X____ __X____ 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 following items of his DD Form 214 with a separation date of
25 April 2008:
a. amend Item 12d to read "0004 03 25" instead of "0004 02 29"; and
b. adding the Legion of Merit to Item 13.
_________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) AR20080010357
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ABCMR Record of Proceedings (cont) AR20080010357
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