IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120010145
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 the following changes to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 June 2011:
* add the Defense Superior Service Medal
* change the Meritorious Service Medal to reflect four awards
* change item 19b (Nearest Relative) to his daughter (as shown on his application)
2. The applicant states his award of the Defense Superior Service Medal was not signed until after his retirement. He was divorced for a year prior to his retirement and his nearest relative should be his daughter not his ex-wife. His DD Form 214 does not reflect the number of Meritorious Service Medals he was awarded.
3. The applicant provides:
* his DD Form 214
* his retirement orders
* his final divorce decree
* letter, dated 11 October 2001, from the Office of the Deputy Chief of Staff, G-1
* orders, certificate, and citation awarding him the Defense Superior Service Medal
CONSIDERATION OF EVIDENCE:
1. The divorce decree he provided shows his divorce was final on 9 June 2010. It also shows his daughter was 1 month short of 18 years of age at the time of the divorce.
2. He was retired on 30 June 2011 and placed on the Retired List the following day. He completed 30 years and 10 days of active service. His DD Form 214 does not show he was awarded the Defense Superior Service Medal. It does show he was awarded the Meritorious Service Medal and the Army Commendation Medal. Item 19b shows the name and address of his ex-wife.
3. According to the letter, dated 11 October 2011, from the Office of the Deputy Chief of Staff, G-1 he provided he did not have a spouse at the time of his retirement.
4. His Army Military Human Resource Record (AMHRR) shows he was awarded the Army Commendation Medal for the following periods:
* 8 December 1992 to 10 June 1993
* 15 April 2003 to 15 July 2003
5. His AMHRR shows he was awarded the Meritorious Service Medal for the following periods:
* 10 September 1984 to 24 June 1988
* 18 August 1990 to 1 June 1994
* 27 May 1994 to 20 June 1996
* 9 July 1996 to 28 June 2000
* 22 June 2005 to 8 July 2008
6. He provided Washington Headquarters Services, Washington, DC Military Personnel Awards Order Number 11-138, dated 11 July 2011, awarding him the Defense Superior Service Medal for the period July 2008 to June 2011.
7. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's 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. Item 19b should be the name and address of someone who will know the Soldier's location and address at all times.
DISCUSSION AND CONCLUSIONS:
1. Orders he provided show he was awarded the Defense Superior Service Medal. Therefore, it is appropriate to add this award to his DD Form 214.
2. His AMHRR shows he was awarded two Army Commendation Medals and five Meritorious Service Medals. Therefore, the number of these awards should be reflected on his DD Form 214.
3. He was not married at the time of his retirement. His daughter, now 19 years of age, was his nearest relative, not his ex-wife. Therefore, there is sufficient evidence to change item 19b to show the name and address of his daughter as highlighted on his application.
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 amending his DD Form 214 as follows:
a. deleting the:
* Meritorious Service Medal
* Army Commendation Medal
b. adding the:
* Defense Superior Service Medal
* Meritorious Service Medal (5th award)
* Army Commendation Medal (2nd award)
c. Item 19b - change to show his daughter and her address as highlighted on his application.
_______ _ 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) AR20120010145
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ABCMR Record of Proceedings (cont) AR20120010145
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