IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018436
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) to show the Meritorious Service Medal and his foreign service in Guam from 8 March 1992 to 7 March 1994.
2. The applicant states he could not find his Navy records before final publication of his DD Form 214.
3. The applicant provides copies of:
* Meritorious Service Medal Certificate and DA Form 638 (Recommendation for Award) for the period 1 May 2001 to 27 May 2011
* NAVPERS Form 1070/604 (2 pages)
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired Army National Guard (ARNG) sergeant first class/
E-7.
2. Following prior service in the U.S. Navy and U.S. Army Reserve (USAR), he last entered into active duty 15 March 2002.
3. He was retired from active duty effective 30 September 2011. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized) of his DD Form 214 does not list the Meritorious Service Medal. The Oversea Service Ribbon (2d Award) is listed. Item 18 (Remarks) shows "SERVICE IN IRAQ 20030325 TO 20030523."
4. In support of his request, the applicant provides a copy of NAVPERS Form 1070/604 (2 pages) showing information relevant to his Navy personnel records. Item 11 (Awards) shows the Oversea Service Ribbon for the period 8 March 1993 to 7 March 1994.
5. Army Regulation 635-5 (Separation Documents) states in paragraph
2-1 that the DD Form 214 is a summary of a soldiers most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. It states in paragraph:
a. 2-4h(13) for item 13 "List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22."
b. 2-4h(18) for item 18 SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD).
DISCUSSION AND CONCLUSIONS:
1. Permanent orders award the applicant the Meritorious Service Medal and it should be added to his DD Form 214.
2. The applicant provided a copy of 2 pages of NAVPERS Form 1070/604 which shows he qualified for award of the Overseas Service Ribbon for the period
8 March 1993 to 7 March 1994. It is included on his final DD Form 214 by inclusion in the entry "Overseas Service Ribbon (2d Award)".
3. The governing regulation also states that the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The March 1993 to March 1994 period of oversea service in Guam was prior to the period covered by the DD Form 214. The requirement to list awards for all periods of service being the authorized exception.
4. In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicants records 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 the evidence presented is 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 the Meritorious Service Medal to his DD Form 214.
2. The Board further determined 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 adding his foreign service time in Guam to his 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) AR20110009264
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110018436
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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