BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110019166
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) as follows:
a. by adding the Legion of Merit to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized);
b. amending the entry "SERGEANTS MAJOR RES, 1 WEEK, 2003" in item 14 (Military Education) of his DD Form 214 to show "SERGEANTS MAJOR COURSE, 41 WEEKS, 2003;" and
c. amending the entry "NM" in item 19a (Mailing Address After Separation) and item 19b (Nearest Relative) to show "NW [Northwest]."
2. The applicant states:
* the length of the Sergeants Major Course was an administrative error
* he did not receive the Legion of Merit prior to transitioning
3. The applicant provides:
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 638 (Recommendation for Award)
* Permanent Order Number 153-2 for award of the Legion of Merit
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 June 1979 and remained on active duty through continuous reenlistments. He served in Saudi Arabia, Iraq, and Afghanistan. On 30 June 2011, he retired in the rank of command sergeant major after completing over 32 years of creditable active service.
2. Item 13 of his DD Form 214 does not show the Legion of Merit as an authorized award. Item 14 of his DD Form 214 shows the entry "SERGEANTS MAJOR RES, 1 WEEK, 2003." Items 19a and 19b of his DD Form 214 contain the same address with the entry "NM" in the street address. The nearest relative shown in item 19b of his DD Form 214 is his spouse.
3. He provides his DA Form 1059 which shows he completed the U.S. Army Sergeants Major Course on 29 May 2003. Item 11 (Duration of Course) of this form shows the course was from 12 August 2002 through 29 May 2003, a total of 41 weeks.
4. The street address of his spouse shown in his Servicemembers' Group Life Insurance Election and Certificate and Record of Emergency Data, dated 26 October 2009, contain the entry "NW."
5. Headquarters, U.S. Armed Forces Command, Permanent Order
Number 153-2, dated 3 June 2011, shows he was awarded the Legion of Merit.
DISCUSSION AND CONCLUSIONS:
1. Permanent Order Number 153-2 shows he was awarded the Legion of Merit. His DD Form 214 should be corrected to show this award.
2. Item 14 of the applicant's DD Form 214 shows he completed the 1-week Sergeants Major Course in 2003. However, the evidence shows the duration of the course was 41 weeks. Therefore, the entry in item 14 of his DD Form 214 should be corrected to show he completed the 41-week Sergeants Major Course in 2003.
3. The evidence of record supports the applicant's contention the entry "NM" in items 19a and 19b of his DD Form 214 are incorrect. The evidence shows the street address of his spouse is "NW" not "NM." Therefore, these entries in items 19a and 19b should be corrected to show "NW."
BOARD VOTE:
___x__ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the Legion of Merit to item 13 of his DD Form 214;
b. deleting the entry "SERGEANTS MAJOR RES, 1 WEEK, 2003" from item 14 of his DD Form 214 and replacing it with the entry "SERGEANTS MAJOR COURSE, 41 WEEKS, 2003;" and
c. deleting the entry "NM" from items 19a and 19b of his DD Form 214 and replacing it with the entry "NW."
__________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) AR20110019166
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ABCMR Record of Proceedings (cont) AR20110019166
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