Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110013628
Original file (20110013628.txt) Auto-classification: Denied

		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 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 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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013628



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100018303

    Original file (20100018303.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 September 2005 and his National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) for the period ending 31 July 2007 to show award of the Meritorious Service Medal (MSM) (2nd Award). The evidence of record shows Permanent Orders 165-009, dated 14 June 2005, awarded the applicant an MSM for meritorious service from 23 August 2004 to 15...

  • ARMY | BCMR | CY2010 | 20100017138

    Original file (20100017138.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His record also contains a copy of a DA Form 66 (Officer Qualification Record), dated 16 January 1977 which shows he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 8 December 1955. His military service records show that he retired on 5 September 1988.

  • ARMY | BCMR | CY2012 | 20120010248

    Original file (20120010248.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 30 June 2011 to show: * award of military occupational specialty (MOS) 31E1O (Field Radio Repairer) * MOS 91B3O (Wheeled Vehicle Mechanic) changed to show 91B3O (Medical Specialist) * award of the Meritorious Service Medal (MSM) 2. The applicant's DD Form 214 for the period ending 14 October 1983 correctly shows his MOS 31E2O. Although the applicant's DD Form 214 ending 30...

  • ARMY | BCMR | CY2014 | 20140014082

    Original file (20140014082.txt) Auto-classification: Approved

    He was awarded the Army Commendation Medal with "V" Device, Driver and Mechanic Badge with W Bar, Noncommissioned Officer Professional Development Ribbon (NCOPDR) with Numeral 1, Army Good Conduct Medal (1st Award), "OCONUS" award, Overseas Service Ribbon, Meritorious Unit Commendation, the Navy Unit Commendation, and the "IESR." The DD Form 214 for that period of active duty shows he was awarded the National Defense Service Medal and the Army Service Ribbon. c. HRC Permanent Orders...

  • ARMY | BCMR | CY2010 | 20100011495

    Original file (20100011495.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show the Combat Infantryman Badge (CIB), and the U.S. Army Excellence in Competition Badge, Bronze, Pistol. The applicant provides the following: * Permanent Orders 294-003, dated 21 October 2007, awarding him the CIB * DD Form 214 for the period ending 18 July 2008 * DD Form 215 (Correction to the...

  • ARMY | BCMR | CY2014 | 20140008050

    Original file (20140008050.txt) Auto-classification: Approved

    The applicant requests correction of his records to show his active service dates for the periods 1 October 2005 through 11 July 2006 and 27 June 2007 through 25 June 2009. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 January 2003 through 22 March 2004 * DD Form 214 for the period 27 June 2007 through 16 December 2009 * Indiana Army National Guard Orders 275-307, dated 2 October 2005 * Indiana Army National Guard Orders...

  • ARMY | BCMR | CY2011 | 20110022767

    Original file (20110022767.txt) Auto-classification: Approved

    His DD Form 214 did not list a marksmanship qualification badge. Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 October 2011 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 for the period ending 31 October 2011 the: * Meritorious Service Medal (2nd Award) * Army...

  • ARMY | BCMR | CY2009 | 20090009646

    Original file (20090009646.txt) Auto-classification: Denied

    The applicant provides a five-page self-authored letter; his NGB Form 22 and General Discharge Certificate that were issued at the time of discharge on 1 April 1996; his DD Form 214 (Certificate of Release or Discharge from Active Duty) which covered his active duty for training from 27 November 1981 to 12 May 1982; his DA Form 2-1 (Personnel Qualification Record – Part II); a DD Form 220 (Active Duty Report), dated 30 November 1981; orders, dated 25 July 1983, which awarded him military...

  • ARMY | BCMR | CY2013 | 20130012171

    Original file (20130012171.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his military records to show he remains entitled to his $15,000 Prior Service Enlistment Bonus (PSEB) and cancellation of all recoupment action. The original addendum was altered as it was missing the required name and rank of the Enlisting Official, and date of signature as required under Section IX (Certification by Service Representative) on page 4, as well as the date signed by the Soldier. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2012 | 20120009142

    Original file (20120009142.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (5th Award) * Army Achievement Medal (AAM) (5th Award) * Army Superior Unit Award (ASUA) (2nd Award) * Army Good Conduct Medal (AGCM) (4th Award) * National Defense Service Medal (NDSM) (2nd Award) * Noncommissioned Officer (NCO)...