IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003725
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Legion of Merit.
2. The applicant states he would like to be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show the Legion of Merit he received upon retirement from the active Reserve in 2000. This award was not posted to his official military personnel file. He discovered the error this past December when he was reviewing his records at the National Personnel Records Center.
3. The applicant provides orders and a certificate.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having had prior enlisted service, the applicant's records show he was appointed as a Reserve officer in the Army of the United States and executed an Oath of Office on 3 November 1966 and entered active duty that date.
3. He was honorably released from active duty on 27 October 1968 and transferred to the U.S. Army Reserve (USAR). The DD Form 214 he was issued for this period of service shows he completed 1 year, 11 months, and 25 days of net active service.
4. His records contain a DA Form 2-1 (Personnel Qualification Record) that shows he served continuously in the USAR from 28 October 1968 in various staff and leadership positions. He attained the rank of colonel on 20 January 1995.
5. On 31 March 2000, he was transferred to the Retired Reserve.
6. His records contain a DD Form 215, dated 5 January 2012, issued by the National Archives and Records Administration (NARA), that corrected the applicant's DD Form 214, dated 27 October 1968. This DD Form 215 added numerous awards the applicant was awarded or qualified for during his service in the USAR.
7. The applicant provides orders that show he was awarded the Legion of Merit for exceptionally meritorious service from 1 April 1990 to 31 March 2000.
8. 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. It states 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 evidence of record shows the applicant was awarded the Legion of Merit for the period 1 April 1990 to 31 March 2000. The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty. There are no provisions for adding awards to the DD Form 214 which were awarded, or a Soldier qualified for, after the Soldier was released from active duty. Therefore, he is not entitled to the requested relief.
2. His records show that NARA incorrectly issued him a DD Form 215 on 5 January 2012 that added awards from his Reserve service. However, it is the practice of this Board to not disadvantage an applicant by making the situation any worse off for having applied for a correction to their record. Therefore, no action will be taken to void the DD Form 215.
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) AR20120003725
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ABCMR Record of Proceedings (cont) AR20120003725
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