BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110013837
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 reconsideration of his previous application to add the Meritorious Service Medal (MSM) to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states he was on active duty for Desert Storm from 6 December 1990 to
5 June 1991. After that period, he was in a non-drill status with the 250th Transportation Company from June 1991 until June 1992 and later transferred to the 155th Service and Support Battalion.
3. He adds that he was issued a DD Form 214 after he was released from active duty; however, there was no issue date on that document. His first sergeant informed him he was being put in for a Silver Star for an act he performed in Iraq. He was notified after 18 September 1994 that his award had been downgraded to an MSM and was asked if he would pick it up. He complied with the request and received the MSM without any official ceremony.
4. He contends it is not his fault that the Army took over two years to award him the MSM and as a result, the Army Board for Correction of Military Records (ABCMR) informed him that due to the time period he is not authorized to add the MSM when in fact he has the medal, the award certificate, and the original write-up for the Silver Star.
5. He provides a letter from the Awards and Decorations Branch.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100029062, on 14 June 2011.
2. He provided a new argument for the Board to reconsider this case.
3. His record contains a DA Form 2-1 (Personnel Qualification Record Part II) which shows in item 5 (Oversea Service) he served in Saudi Arabia from January through May 1991.
4. Item 35 (Record of Assignments) of his DA Form 2-1 shows he was released from active duty (REFRAD) on 5 June 1991 and transferred to the 250th Transportation Company.
5. A copy of the MSM award certificate shows he was issued this award for exceptionally meritorious service while assigned as platoon sergeant for the period 6 December 1990 to 15 November 1992. This document was signed on 18 September 1994. The DA Form 638 (Recommendation for Award) which authorized him the MSM is not in the available record.
6. His record is absent a copy of the DD Form 214 for the period ending
5 June 1991; however, his record contains two DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) issued on
28 July 1992 and 14 May 2010, respectively. These forms both show corrections were made to the DD Form 214 for the period ending 5 June 1991.
7. He provided a letter from the Army Human Resources Command, Awards and Decorations Branch, dated 14 May 2010. This letter shows a DD Form 215 was issued to the applicant on the same date, which amended his DD Form 214 to show additional awards to which he was entitled; however, there was no entry made to add the MSM.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for
preparing item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) state that all awards earned as of the date of separation, as verified from the Soldiers record, will be entered. There are no provisions for adding awards earned subsequent to the date the Soldier was REFRAD.
DISCUSSION AND CONCLUSIONS:
1. He contends he was informed by his first sergeant that he was recommended for award of the Silver Star, but it was downgraded to the MSM. He also argues it is not fair to him that his MSM cannot be added to his DD Form 214 because of a timeliness issue on the part of the Army.
2. The DA Form 638 for the MSM is not available for review; however, the evidence shows he was awarded the MSM for his duties as platoon sergeant from 6 December 1990 to 15 November 1992. He served in support of Desert Storm in Saudi Arabia from January to June 1991 and was REFRAD on 5 June 1991.
3. While the DD Form 214 for period ending 5 June 1991 is not in the available record, this form was officially amended on two separate dates by a DD Form 215. While it is understandable that the applicant wants to add the MSM he earned for the period ending 15 November 1992 to his DD Form 214, there are no regulatory provisions which provide for adding awards subsequent to the effective date of a DD Form 214.
4. Further, it would be inappropriate and unfair to Soldiers in similar circumstances to grant the applicant the relief he requests.
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 to amend the decision of the ABCMR set forth in Docket Number AR20100029062, dated 14 June 2011.
_______ _ 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) AR20110013837
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