IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100008688 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Soldier’s Medal, Meritorious Service Medal (MSM), and the Army Commendation Medal (ARCOM).

2.  The applicant states that some of his awards were omitted from his DD Form 214 in error.

3.  The applicant provides the following documents in support of his request:

* Veterans Services Letter, dated 12 February 2010
* ARCOM, MSM and SM award certificates 
* SM, BSM, and unknown award citations
* DD Form 214
* DD Form 2-1 (Personnel Qualification Record) (pages 1 and 2 only)
* Memorandum dated 8 April 2004
* DA Form 638 (Recommendation for Award) dated 14 August and 14 November 2003



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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military record shows that while serving as a member of the United States Army Reserve (USAR) in the rank of command sergeant major (CSM/E-9), he was ordered to active duty in support of Operation Enduring Freedom on 3 February 2003.  He was honorably released from active duty (REFRAD) upon completion of his required active service on 14 January 2004.

3.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that the applicant earned the following awards:

* ARCOM with 2nd Oak Leaf Cluster (OLC)
* Army Achievement Medal with 2nd OLC
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal (ARCAM) with 5th OLC
* National Defense Service Medal with 2nd OLC
* Armed Forces Reserve Medal with “M” Device and 1st OLC
* Noncommissioned Officer’s Professional Development Ribbon with Numeral 4
* Expert Infantryman Badge
* Senior Parachutist Badge
* Air Assault Badge
* Drill Sergeant Identification Badge


4.  Army Human Resources Command (AHRC), Permanent Order (PO) 
Number (#) 226-17, dated 14 August 2003, awarded the applicant the Soldier’s Medal for his actions of heroism above and beyond the call of duty on 29 January 2003.  The applicant provides the certificate that shows award of the Soldier’s Medal.

5.  The applicant’s OMPF includes a certificate which shows he was awarded the MSM for exceptional meritorious service for the period 1 December 1994 to 1 December 2004.  It also shows this award was announced in 81st Regional Readiness Command, PO #293-003, on 20 October 2005.

6.  The applicant provides a DA Form 638 initiated on 24 August 2003 which shows the following:

* he was recommended for award of the BSM
* his previous awards included the ARCOM (2OLC)
* the approval authority downgraded this recommendation for the BSM to the ARCOM, which was announced in Headquarters, 377th Theater Command (Provisional), PO #312-09, dated 14 November 2003

7.  The applicant provides pages 1 and 2 of his DA Form 2-1.  Item 9 (Awards, Decorations, and Campaigns) shows he was awarded the ARCAM on 1 January 1983, 1 January 1987, 1 January 1991, and 1 January 1995, 1 January 1998, and 1 January 2001.

8.  Army Regulation 635-5 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 establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-1 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to include the Soldier’s Medal, MSM, and an additional ARCOM.

2.  The evidence of record confirms the applicant was awarded the Soldier’s Medal by the appropriate award authority in official orders and this award was not included on his DD Form 214.  Therefore, it should be added to his DD Form 214 at this time.

3.  The evidence of record confirms that at the time the applicant was recommended for the award of the BSM on 24 August 2003, he had previously been awarded the ARCOM with 2OLC.  The approval authority downgraded the recommendation to the ARCOM and it was announced in official orders as evidenced by the DA Form 638 the applicant provides.  As a result, the applicant was awarded four ARCOMs and his DD Form 214 should be corrected at this time to add this award.

4.  By regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  The evidence of record confirms the applicant was last issued a DD Form 214 covering the period 3 February 2003 through 14 January 2004.  He was awarded the MSM on 20 October 2005        for exceptional meritorious service performed from 1 December 1994 to on         1 December 2004, beyond the date his last DD Form 214 was issued.  As a result, the MSM is appropriately not listed on the applicant’s 14 January 2004  DD Form 214.

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 adding the Soldier's Medal, and Army Commendation Medal with 3rd Oak Leaf Cluster, to item 13 of his 14 January 2004 DD Form 214; and issuing him a document that show these corrections.


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 adding the Meritorious Service Medal to his 14 January 2004 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)                                         AR20100008688



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ABCMR Record of Proceedings (cont)                                         AR20100008688



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