IN THE CASE OF:
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110013628
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 the Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 September 2007.
2. The applicant states:
* he was given this award for his actions with the Indiana Army National Guard
* he was not given a separate DD Form 214 for his service in the Army National Guard
3. The applicant provides:
* DA Form 638 (Recommendation for Award)
* Orders for the MSM
* DD Form 214 for the period ending 24 September 2007
* NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 25 September 2003. He completed his training and was awarded military occupational specialty 11B (infantryman). He served in Afghanistan from 30 June 2004 to 10 October 2004 and he served in Iraq from 5 April 2005 to 16 July 2005. On 24 September 2007, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 for the period ending 24 September 2007 does not show the MSM as an authorized award.
4. He enlisted in the Indiana Army National Guard on 24 October 2007.
5. Permanent orders, dated 2 December 2009, show he received the MSM.
6. On 23 October 2010, he was honorably discharged from the Army National Guard. His NGB Form 22 shows the MSM as an authorized award.
7. Army Regulation 635-5 (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 and states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty [emphasis added]. The National Guard does not issue DD Forms 214 upon separation of a Guardsman. The NGB Form 22 is issued. This document correctly shows the MSM.
2. Since the applicant received the MSM in December 2009, two years after his release from active duty, there is no basis for showing this award on his DD Form 214 for the period ending 24 September 2007.
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) AR20110013628
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ABCMR Record of Proceedings (cont) AR20110013628
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