IN THE CASE OF:
BOARD DATE: 27 April 2015
DOCKET NUMBER: AR20140015353
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 10 January 2011, to add the Meritorious Service Medal (4th Award) and the Legion of Merit.
2. The applicant states the MSM (4th Award) is not reflected on her DD Form 214 for the period ending on 10 January 2011 and she did not receive the Legion of Merit until 15 August 2014, 10 months after retirement.
3. The applicant provides:
* DD Form 214, for the period ending on 10 January 2011
* Meritorious Service Medal Certificate, dated 9 November 2010
* DA Form 638 (Recommendation for Award), dated 16 April 2014
* Legion of Merit Certificate, dated 15 July 2014
* Legion of Merit citation
CONSIDERATION OF EVIDENCE:
1. The applicants record contains a DD Form 215 (Correction to DD Form 214), dated 26 January 2015. This DD Form 215 was issued to correct her DD Form 214 for the period ending on 10 January 2011 by deleting the entry "Meritorious Service Medal (3rd Award)" and adding the entry "Meritorious Service Medal with three bronze Oak Leaf Clusters" [4th award]. The correction she requested with respect to the Meritorious Service Medal has already been made. As such, the issue regarding her Meritorious Service Medal (4th Award) will not be addressed further in this Record of Proceedings.
2. The applicant was appointed as a Reserve commissioned officer on
24 September 1979. She served in the U.S. Army Reserve (USAR) and completed several periods of active duty service.
3. Her last period of active duty service began on 1 November 2009 and ended on 10 January 2011 when she was honorably released from active duty and returned to her USAR unit of assignment.
4. Orders Number 13-238-00013, issued by Headquarters, USAR Command (USARC), Fort Bragg, NC on 26 August 2013, reassigned her to the Retired Reserve effective 30 September 2013.
5. Letter Orders Number C10-397534, issued by the U.S. Army Human Resources Command (HRC), on 17 October 2013, show she was placed on the Retired List in the rank of colonel on 1 October 2013.
6. She provided a DA Form 638, dated 16 April 2014, which shows she was recommended for the Legion of Merit as a retirement award covering the period 30 September 2003 to 29 September 2013. This form also shows she was awarded the Legion of Merit in Permanent Order (PO) 2014-196-008, issued by Headquarters, USARC, Fort Bragg, NC on 17 July 2014.
7. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents which are prepared for individuals upon retirement discharge or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. A DD Form 214 will be prepared for all personnel at the time of retirement, discharge or release from the Active Army. Personnel included are members of the USAR who are separated after completing 90 days or more of continuous active duty for training, full-time training duty or active duty support.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DD Form 214, for the period ending 10 January 2011, to show award of the Legion of Merit was carefully considered and was determined to have partial merit.
2. The evidence of records shows her last period of active service ended on
10 January 2011. She retired on 1 October 2013, and the orders awarding her the Legion of Merit were dated 17 July 2014. Additionally, the period covered by this award ended after her last period of active service.
3. The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect subsequent service in the USAR. Based on the evidence of record, there is no basis for the Board to correct her DD Form 214 to add the Legion of Merit. However, the evidence of record also fails to reflect her receipt of this award. Therefore, she is entitled to correction of her Official Military Personnel File (OMPF) to add the DA Form 638, the certificate of award, and the citation for her award of the Legion of Merit.
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 adding the DA Form 638, certificate of award, and the citation for award of the Legion of Merit to her OMPF.
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 adding the Legion of Merit to her 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) AR20140015353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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