IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130006829
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, his retired grade be changed. He further requests the Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
27 March 2013.
2. The applicant states:
a. He retired on 27 March 2013 and the Fiscal Year (FY) 2013 Sergeant First Class (SFC) Selection List was released on 4 April 2013. He was selected on that list. If not for his medical retirement from injuries sustained in Afghanistan he would have been promoted to pay grade E-7.
b. He received the MSM for retirement after he had digitally signed his
DD Form 214 for the period ending 27 March 2013.
3. The applicant provides:
* FY 2013 SFC selection list
* DA Form 638 (Recommendation for Award)
* Award certificate for the MSM
* DD Forms 214 for the periods ending 26 April 2002, 6 February 2003, and 27 March 2013
CONSIDERATION OF EVIDENCE:
1. Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 30 July 2003. He served as an explosive ordnance disposal specialist and infantryman. His combat service included:
* Iraq from 15 August 2004 to 19 July 2005
* Iraq from 2 November 2007 to 30 January 2009
* Afghanistan from 30 July 2010 to 9 April 2011
2. His retirement orders, dated 9 January 2013, show his retired grade as staff sergeant (SSG).
3. Permanent Order 18-10, dated 18 January 2013, shows he received the MSM for meritorious service for the period 1 March 2003 to 4 March 2013.
4. On 27 March 2013, he was retired by reason of permanent physical disability (enhanced).
5. His DD Form 214 for the period ending 27 March 2013 shows in:
* Item 4a (Grade, Rate or Rank) the entry "SSG"
* Item 4b (Pay Grade) the entry "E06"
* Item 12i (Effective Dated of Pay Grade)
6. This DD Form 214 does not show the MSM as an authorized award.
7. Promotion orders, dated 16 May 2013, show he was promoted to SFC effective 27 March 2013.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant received the MSM. Therefore, his
DD Form 214 for the period ending 27 March 2013 should be corrected to show this medal.
2. The available promotion orders which show he was promoted to SFC effective 27 March 2013 are accepted as sufficient evidence on which to base amending his retirement orders and items 4a, 4b, and 12i of his DD Form 214 for the period ending 27 March 2013.
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. amending his retirement orders, dated 9 January 2013, to show his retired grade as "SFC";
b. deleting the entry in item 4a of his DD Form 214 for the period ending
27 March 2013 and replacing it with the entry "SFC";
c. deleting the entry in item 4b of this DD Form 214 and replacing it with the entry "E07";
d. deleting the entry in item 12i of this DD Form 214 and replacing it with the entry "2013 03 27"; and
e. adding the MSM to this 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) AR20130006829
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ABCMR Record of Proceedings (cont) AR20130006829
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