IN THE CASE OF:	  

		BOARD DATE:	  14 May 2009

		DOCKET NUMBER:  AR20080019254 


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, in effect, that the Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that the date on the MSM certificate be corrected.

2.  The applicant states, in effect, that he received two medals during his second tour of duty from 4 September 2004 to 11 August 2005.  He also states that the dates shown on his MSM certificate should reflect 2 September 1986 to 1 September 2006 instead of 2 September 1996 to 1 September 2006.  The applicant finally states that a DD Form 215 (Correction to the DD Form 214) should be issued to include the two medals he received after his discharge from military service.

3.  The applicant provides a copy of the MSM certificate and copy of his 12 August 1989 DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he initially enlisted in the United States Army Reserve (USAR) Delayed Entry Program on 30 May 1986 and entered active duty in the Regular Army on 13 August 1986.  He continued to serve until he was honorably released from active duty (REFRAD) on 12 August 1989 and transferred to a USAR unit.

2.  The DD Form 214 issued to him on 12 August 1989 shows he completed 3 years of creditable active military service.  It also shows his Reserve obligation date terminated on 29 May 1994.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows that he earned the following awards:  Army Service Ribbon, Army Lapel Button, Expert Marksmanship Qualification Badge with Rifle Bar, Army Achievement Medal, Overseas Service Ribbon, and Noncommissioned Officer Professional Development Ribbon.

3.  The applicant’s official military personnel file (OMPF) includes Headquarters, 80th Division (Institutional Training (IT)), Orders M-057-0012, dated 26 February 2003.  These orders show the applicant was ordered to active duty on 1 March 2003 for 365 days for the purpose of "Mobilization for Operation Enduring Freedom."  The OMPF also contains Headquarters, 80th Division (IT) 
Orders 06-062-00011, dated 19 September 2006, which directed the applicant's transfer to the Retired Reserve effective 19 October 2006.  A DD Form 214 for this period of active duty is not available.

4.  The commendatory portion of the applicant's OMPF includes MSM and ARCOM certificates which were the last two awards he received prior to his transfer to the Retired Reserve.  The MSM certificate on file in the OMPF shows it was awarded the applicant for 20 years of exceptionally meritorious service during the period 2 September 1996 to 1 September 2006 and that it was announced in Headquarters, 95th Division (IT), Permanent Orders 154-006, dated 2 June 2008.  The ARCOM certificate on file in the OMPF shows the applicant received this award for meritorious achievement while mobilized in support of the Global War on Terrorism during the period 25 February to 30 June 2003.  It also shows that this award was announced in Headquarters, Garrison Command, Permanent Orders 293-15, dated 20 October 2003.

5.  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 guidance on preparation of the DD Form 214.  It states, in pertinent part, 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.  There are no regulatory provisions that provide for correcting or reissuing a DD Form 214 to incorporate accomplishments or achievements completed subsequent to the period of active duty service covered by the original DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 1-22 provides for issuing service awards in recognition upon retirement.  It states, in pertinent part, that meritorious service awards may be awarded, upon retirement, which may include periods of service longer than that served in the recommending command.  It is recommended that such periods be limited to the last 10 years of service.  This is not to imply that an extended period of service should be considered for every individual who retires.  An extended period should only be considered in those cases where the length or nature of the individual's terminal assignment would not qualify him or her for an appropriate award.  It is neither necessary nor desirable to consider an extended period of service when the length and character of service of retirees in their terminal assignments would qualify them for an appropriate award.  When writing the citation, it is not necessary to indicate the time period again; it is only pertinent to mention the total number of years of service, for example, over 22 years or 30 years of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the final two awards he received during his second tour of duty should be added to his DD Form 214 and that period of service for which he received the MSM should be corrected on the MSM certificate to reflect 2 September 1986 to 1 September 2006 has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will include all awards documented in the record as of the date the DD Form 214 is issued.  There are no regulatory provisions for correcting or reissuing a DD Form 214 to incorporate accomplishments or achievements completed subsequent to the period of active duty service covered by the original DD Form 214.

3.  The evidence of record includes a single DD Form 214 covering the applicant’s initial period of active duty service from 13 August 1986 through 12 August 1989 which listed all awards he earned during the period covered by that separation document.  Therefore, any awards that the applicant received subsequent to the issue of that DD Form 214 could not have been included on this document and there are no regulatory provisions for adding them now.  As a result, it would not be appropriate to add the ARCOM and MSM the applicant received in 2003 and 2006, respectively, to his 12 August 1989 DD Form 214.

4.  The applicant should have received a DD Form 214 for his period of active duty ending around March 2003.  Administrative regularity is presumed, and it is therefore presumed that he did receive a DD Form 214 for the period of active duty.  It appears the ARCOM would have been/should have been entered on that DD Form 214, but not the MSM.  
5.  By regulation, the period for retirement awards may be extended to 10 years if it is necessary to support the award.  The citation may account for the total number of years a member served.  The evidence of record confirms the applicant was awarded the MSM at retirement in recognition for 20 years of service, which is indicated in the citation portion of the certificate.  However, the period of the award is 10 years, which is the maximum period established by regulation for a retirement award.  Therefore, there is an insufficient evidentiary basis to change the period covered by the MSM.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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.



      __________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)                                         AR20080019254



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ABCMR Record of Proceedings (cont)                                         AR20080019254



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