BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110010827 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 July 1994, as follows:

* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) to show SSG (staff sergeant) and E-6
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show the Army Good Conduct Medal (AGCM) (6th Award) and Meritorious Service Medal (MSM)

2.  He states that he does not know why the ACGM and MSM are not listed on his DD Form 214.  He retired in pay grade E-5 on 1 August 1994.  On 4 July 2004, he was advanced to the highest grade held of E-6.  He was never sent a revised DD Form 214, just a letter stating his records had been corrected.

3.  He provides:

* DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and MSM)
* MSM Certificate, dated 28 March 1994
* Orders for the AGCM (6th Award), dated 19 May 1994
* 1994 DD Form 214
* Letter from the Army Human Resources Command (HRC), dated 30 December 2004, advancing him on the retired list
* Letter from the Army Review Boards Agency, 5 January 2005

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 he enlisted in the Delayed Entry Program on 21 July 1971.  He enlisted in the Regular Army (RA), in pay grade 
E-1, on 27 October 1972.  

3.  Orders 123-21 issued by Headquarters, 1st Infantry Division, on 26 June 1978, promoted him to SSG, E-6, with a date of rank of 28 May 1978 and effective date of 22 June 1978.  

4.  He was honorably discharged in pay grade E-6 on 30 May 1981 for completion of required service.

5.  He again enlisted in the RA, in pay grade E-4, on 18 February 1983.  He was again promoted to pay grade E-5 on 1 November 1983.

6.  He submits a copy of a DA Form 638-1, dated 21 December 1993, which shows he was recommended for award of the MSM for retirement.  The recommendation was approved on 28 March 1994 and issued by Permanent Order Number 21-11.

7.  He also submits a copy of a certificate, dated 28 March 1994, showing he was awarded the MSM for service from 1 August 1984 through 31 July 1994.  The certificate shows the award was issued by Permanent Order Number 21-11.  

8.  He further submits a copy of Permanent Order Number 02-04 issued by the 501st Signal Company on 19 May 1994 awarding him the AGCM (6th Award) for the period of service 17 February 1992 through 1 August 1994 (less than 3 years).


9.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service

10.  He was honorably retired on 31 July 1994.  Item 4a of his DD Form 214 shows the rank of SGT.  Item 4b shows his pay grade as E-5.  Item 12h (Effective Date of Pay Grade) shows his date of rank as 1 November 1983.  

11.  Item 13 of his DD Form 214 does not list the AGCM (6th Award) and MSM.

12.  On 8 November 2004, in accordance with findings of the Army Grade Determination Review Board (AGDRB) it was determined the highest grade in which he served satisfactorily for the purpose of computation of retired pay was SSG, E-6.  He was advanced on the retired list to the grade of SSG, E-6, the highest active duty grade he satisfactorily held.  He was issued a Certificate of Retirement showing his grade as SSG, E-6.

13.  On 30 December 2006, the Army Reserve Personnel Center, St. Louis, MO, advised him that effective 1 July 1976, publication of advancement orders were discontinued.  By reason of his advancement in grade, he was entitled to a new identification card.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states items 4a and 4b and 12h will list the rank, pay grade, and the effective date of the individual's promotion or reduction to the rank and pay grade in which the individual was serving on the effective date of separation. 

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders confirm the applicant was awarded the MSM prior to his retirement.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he enlisted in the RA on 27 October 1972 and was promoted to E-6 on 28 May 1978.  He was discharged in that grade on 30 May 1981.  He again enlisted in the RA in pay grade E-4 on 18 February 1983 and was promoted to E-5 on 1 November 1983.  He was retired in pay grade E-5 on 31 July 1994.  
3.  On 8 November 2004, the AGDRB determined that he was entitled to advancement on the retired list in the grade of E-6, his highest grade satisfactory held.  He was provided a new retirement certificate and advised of his entitlement to a new identification card.

4.  In accordance with regulatory guidance, the rank, pay grade, and effective date of the individual's promotion in which he/she is serving in on the effective date of separation will be shown on the DD Form 214.  He was advanced on the retired list and not on active duty.  Therefore, he is not entitled to correction of his DD Form 214 ending on 31 July 1994 to show his rank and pay grade as SSG, E-6, and the issuance of a new DD Form 214.

5.  With respect to his sixth award of the Army Good Conduct Medal, the orders he provides show he was awarded this medal for the period 17 February 1992 through 1 August 1994.  The regulation that governs award of the Army Good Conduct Medal requires completion of 3 years of consecutive active service (except for the first award).  It appears these orders were issued in error.  This error should not be compounded by entering this award on his DD Form 214.

6.  In view of the foregoing, his records should be corrected as recommended below.

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 to Item 13 of applicant’s DD Form 214 ending on 31 July 1994 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 correction of his DD Form 214 ending on 31 July 1994 to show the Army Good Conduct Medal (6th Award), his rank and pay grade as SSG, E-6, and the issuance of a new 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)                                         AR20110010827





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ABCMR Record of Proceedings (cont)                                         AR20110010827



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