IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120000802
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Legion of Merit and the Meritorious Service Medal with 3rd Oak Leaf Cluster (4th Award).
2. The applicant did not provide a reason for his request.
3. The applicant provides two DA Forms 638 (Recommendation for Award) and certificates for the Legion of Merit and Meritorious Service Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of his DD Form 214 to show the 4th award of the Meritorious Service Medal; however, the 4th award of the Meritorious Service Medal is already listed on his DD Form 214. Therefore, this portion of his request will not be discussed further in this Record of Proceedings.
2. The applicant enlisted in the Regular Army on 28 December 1983.
3. Headquarters and Headquarters Battalion, 1st Cavalry Division, Permanent Orders Number 347-002, dated 13 December 2010, awarded him the Army Good Conduct Medal (9th Award).
4. A DA Form 638 shows he was awarded the Legion of Merit for meritorious service from 1 March 2001 to 28 February 2011 by Permanent Orders Number A-307-1, dated 3 November 2011, issued by Headquarters, III Corps and Fort Hood, Fort Hood, TX.
5. He was retired on 28 February 2011 in the rank of sergeant major after completing 27 years, 2 months, and 28 days of active duty service. His DD Form 214 shows, among other awards, the Army Good Conduct Medal (7th Award). His DD Form 214 does not include the Legion of Merit.
6. 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 states that in block 13 enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Entry will be verified by the Soldiers records.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he was awarded the Legion of Merit from 1 March 2001 to
28 February 2011. Although the award and the certificate are dated after the issuance of his DD Form 214, the meritorious service he was cited for occurred during the period of his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show this award.
2. His DD Form 214 shows the 7th award of the Army Good Conduct Medal; however, orders show he was awarded the 9th award of the Army Good Conduct Medal. Therefore, his DD Form 214 should also be corrected to show this award.
BOARD VOTE:
_____x__ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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. deleting from his DD Form 214 the Army Good Conduct Medal (7th Award) and
b. adding to his DD Form 214 the Legion of Merit and the Army Good Conduct Medal (9th Award).
_______ _ 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) AR20120000802
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ABCMR Record of Proceedings (cont) AR20120000802
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