IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002521
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:
* she was awarded the Legion of Merit (LOM) instead of the Meritorious Service Medal (MSM)
* the correct dates of her deployment to Kuwait
2. She states her retirement award was the LOM and the MSM she received was an interim award. She served in Kuwait from 18 September 2010 to 25 April 2011.
3. She provides:
* DD Form 214
* DA Forms 638 (Recommendation for Award) with LOM and the Army Commendation Medal (ARCOM) certificates
* Memorandum, Subject: Authorized Awards for Service in Support of Operation New Dawn - Statement of Service
* Orders Number 311-007, dated 7 November 2013
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer on 29 September 1982. She was ordered to active duty on 24 June 1990 in an Active Guard Reserve status. She was retired from active duty on 30 September 2012 in the rank of colonel.
2. Her DD Form 214 shows in:
* Item 12f (Foreign Service) the entry "0000 05 05"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Armed Forces Reserve Medal with 20 year Device Silver Hourglass
* MSM (3rd Award)
* ARCOM (5th Award)
* Army Achievement Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with M Device
* Item 18 (Remarks) "SERVICE IN Kuwait 20100918 TO 20110223" a total of 5 months and 6 days
3. Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and combat zone tax exemption from 19 September 2010 to 24 April 2011 while assigned in Kuwait, a total of 7 months and 6 days.
4. The applicant provides a DA Form 638 and LOM certificate that show she was awarded the LOM by Permanent Order Number 310-007, issued by Headquarters, U.S. Army Reserve Command, Fort Bragg, NC, dated
6 November 2013.
5. Headquarters, U.S. Army Reserve Command, Fort Bragg, NC, Permanent Order Number 311-007, dated 7 November 2013, revoked Permanent Order 010-004, dated 10 January 2012, pertaining to award of the MSM.
6. A copy of the original order or MSM certificate is not contained in the applicant's official military personnel file (OMPF).
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4, requires the preparer to enter the total amount of foreign service completed from the Enlisted/Officer Record Brief during the period covered in item 12f. Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant was awarded the MSM (3rd Award) as an interim award until the award of the LOM was approved. Permanent Order 311-007 revoked the award of the MSM and Permanent Order 310-007 awarded her the LOM. Although a copy of the MSM certificate or the original order is not contained in her OMPF, her statement is accepted as proof that she received the 3rd award of the MSM as an interim award. Therefore, her DD Form 214 should be corrected by deleting the MSM (3rd Award) and adding the LOM.
2. DFAS confirmed the applicant served in Kuwait from 19 September 2010 through 24 April 2011. Her service in Kuwait equates to 7 months and 6 days of foreign service. Therefore, it would be appropriate to correct items 12f and 18 of her DD Form 214 accordingly.
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 from item 12f of her DD Form 214 for the period ending
30 September 2012 "0000 05 05" and adding "0000 07 06";
b. deleting from item 13 of her DD Form 214 for the period ending
30 September 2012 the MSM (3rd Award) and adding the LOM; and
c. deleting from item 18 of her DD Form 214 for the period ending
30 September 2012 the entry "SERVICE IN KUWAIT 20100918 TO 20110223" and replacing it with "SERVICE IN KUWAIT 20100919 TO 20110424."
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 showing her service in Kuwait from 18 September 2010 to 25 April 2011.
_______ _ 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) AR20140002521
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ABCMR Record of Proceedings (cont) AR20140002521
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