IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100014967
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 he be awarded the Army Sea Duty Ribbon (ASDR).
2. The applicant states that he meets the requirements of Headquarters Department of the Army Letter 600-06-2, 24 July 2006 and paragraph 1-7 of Army Regulation 600-88 (Sea Duty) to be awarded the ASDR. He continues by stating the ASDR was not approved until 2006 and he did not get approval for his sea duty until 7 April 2010. However, he desires that the award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 April 1995.
3. The applicant provides a copy of an email and a memorandum from the Army Career Sea Pay Manager which approved the applicant for 3 days of sea duty credit aboard the USS Theodore Roosevelt during the period 15-17 August 1995.
CONSIDERATION OF EVIDENCE:
1. After serving as an ammunition storage specialist for 11 years and 21 days of total active service, the applicant was honorably discharged in pay grade E-5 on 18 April 1995. He immediately enlisted in the U.S. Army Reserve and served through continuous reenlistments. He was promoted to pay grade E-7 on 1 September 2000.
2. On 17 December 2003 he was issued a Notification of Eligibility for Retired Pay at Age 60. He was transferred to the Retired Reserve on 22 April 2004.
3. The email and memorandum provided by the applicant from the Army Sea Pay Coordinator reflects that the applicant was granted credit for 3 days of sea duty aboard the USS Theodore Roosevelt for the period 15-17 August 1995.
4. A review of the applicant's official records fails to show the applicant performed any active duty in August 1995. His records show the last DD Form 214 he was issued was on 18 April 1995.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is in effect at the time of release or discharge. Events or information that occurs subsequent to the effective date of the DD Form 214 will not be retroactively entered on that form unless the event/information occurred within the period covered by the DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) provides the policies and procedures for award of the ASDR. It provides that the ASDR is awarded to U.S. Army Reserve members who have served 2 creditable years in an Army watercraft unit, which must include a minimum of 25 days underway during each year and two annual training exercises underway on a Class A or B U.S. Army Vessel or a 90-day deployment aboard a U.S. Army Vessel underway. For mobilized Soldiers, 1 year of sea duty as a mobilized Soldier will be credited toward 1 creditable year as long as the underway requirement is met.
7. Army Regulation 600-88 identifies the entitlements, restrictions, administration, and maintenance of records for Army career sea pay and sea pay premium. Paragraph 1-7 provides that other qualifying vessels which qualify Soldiers for sea service will:
* have a formally assigned primary mission that is accomplished underway
* be in an active status or in service
* be approved for creditable sea service upon review by the Career Sea Pay Office
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the ASDR and that it should be added to his DD Form 214 issued on 18 April 1995 has been noted and found to lack merit.
2. Not only has the applicant not shown through the evidence submitted with his application and the evidence of record that he is entitled to award of the ASDR, there are no provisions to add either the award or the sea duty to his DD Form 214 after the fact.
3. The documents submitted by the applicant grant him sea duty credit for
15-17 August 1995 which was subsequent to his discharge and the issuance of his DD Form 214 on 18 April 1995. Accordingly, there are no provisions to enter such information on a DD Form 214 until such time as another DD Form 214 is issued for active duty service.
4. 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) AR20100014967
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ABCMR Record of Proceedings (cont) AR20100014967
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