IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130020415
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:
a. his rank be corrected from captain (CPT) to major (MAJ) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 August 1995; and
b. the Meritorious Service Medal (MSM) and a second award of the Army Achievement Medal (AAM) be added to this DD Form 214.
2. The applicant states:
* his rank is not correct
* two medals are not listed
3. The applicant provides:
* DD Form 214
* Officer Record Brief
* promotion letter, dated 2 October 1997
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 11 February 2000
* award certificate and orders for the AAM (First Oak Leaf Cluster) (hereafter 2nd Award)
* award certificate and orders for the MSM
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was commissioned as a second lieutenant on 23 December 1985 and entered active duty that date.
3. Permanent orders, dated 18 February 1988, show he received the AAM (2nd Award) for meritorious achievement during the period 4 January 1988 to
22 January 1988.
4. He was promoted to CPT on 1 July 1990.
5. Permanent orders, dated 10 March 1995, show he received the MSM for outstanding meritorious service during the period 1 August 1994 to 1 June 1995.
6. On 1 August 1995, he was honorably discharged under the early release program special separation benefit.
7. His DD Form 214 for the period ending 1 August 1995 shows his rank and pay grade as CPT/O3. This DD Form 214 shows he was awarded or authorized the:
* Army Commendation Medal (3rd Award)
* AAM
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal
8. He was appointed as a captain in the USAR on 2 August 1995. He was promoted to MAJ on 2 October 1997. On 11 February 2000, he was honorably discharged from the USAR in the rank of MAJ.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the MSM and two awards of the AAM. Therefore, his DD Form 214 should be corrected to show these medals.
2. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active duty service at the time of his release from active duty. Since he was promoted to MAJ in the USAR after his discharge from active duty, there is no basis for amending his rank on his DD Form 214 for the period ending
1 August 1995.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry "ARMY ACHIEVEMENT MEDAL" from his DD Form 214 for the period ending 1 August 1995; and
b. adding the AAM (2nd Award) and MSM to this DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his rank on his
DD Form 214 for the period ending 1 August 1995.
_____________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) AR20130020415
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130020415
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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