BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140016422 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 June 2012 to show he was awarded the Legion of Merit and to reflect his period of active duty service from 29 June 2012 to 29 August 2012.

2.  The applicant states his Legion of Merit and his active duty service from 
29 June 2012 to 29 August 2012 are not shown on his DD Form 214.  

3.  The applicant provides a DA Form 638 (Recommendation for Award); Order Number 009293, issued by the 63rd Regional Support Command, Mountain View, CA on 22 June 2012; his DD Form 214, for the period ending 28 June 2012; and a Legion of Merit Certificate.   

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a Reserve commissioned officer on 7 October 1985.

2.  His DD Form 214 for the period ending 28 June 2012 shows in:

* block 12a (Date Entered Active Duty this Period), he entered active duty on 30 June 2011
* block 12b (Separation Date this Period), he was released from active duty on 28 June 2012
* block 12c (Net Active Service this Period), he served a total of 11 months and 29 days of active duty this period
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), no entry for the Legion of Merit
* block 18 (Remarks), he was ordered to active duty in support of Operation Enduring Freedom under the authority of Title 10, U.S. Code, section 12301(d)

3.  Order Number 009293, issued by the 63rd Regional Support Command, Mountain View, CA on 22 June 2012, ordered him to Active Duty for Operation Support – Reserve Component (ADOS – RC) (previously known as Active Duty for Special Work (ADSW)) for a period of 60 duty days beginning on 29 June 2012.

4.  His retirement points detail in the U.S. Army Human Resources Command (HRC) Soldier Management System (SMS) confirms he performed continuous active duty service from 30 June 2011 through 27 August 2012.

5.  Block 18 of his DD Form 214 for the period ending 28 June 2012 does not identify the purpose of his active duty service from 29 June to 29 August 2012.

6.  He was transferred to the Retired Reserve on 1 December 2013.

7.  The Legion of Merit Certificate and the corresponding DA Form 638 he provided show he was awarded the Legion of Merit for service during the period 1 December 2003 to 30 November 2013 by Permanent Orders Number 2014-013-005, issued by the U.S. Army Reserve Command (USARC), Fort Bragg, NC on 13 January 2014.  

8.  Title 10, U.S Code, section 12301(d), provides that at any time an authority designated by the Secretary concerned may order a member of a Reserve Component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member. 

9.  Army Regulation 135-200 (Army National Guard (ARNG) and USAR Active Duty for Missions, Projects, and Training for Reserve Component Soldiers), provides in chapter 6 (ADSW), that ADSW tours are funded from ARNG and USAR personnel appropriations and that ADSW orders will cite Title 10, U.S. Code, section 12301(d) as authority.  

10.  Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, 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 the preparation of the DD Form 214.  It stated:

	a.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  

	b.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

	c.  Block 12b, is the Soldier's transition date.

	d.  Block 12c, is the amount of service this period computed by subtracting block 12a from 12b.

	e.  Block 13, list awards and decorations for all periods of service.

	f.  Block 18, use this block for Headquarters Department of the Army mandatory requirements when a separate block is not available.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he was awarded the Legion of Merit and to show his period of active duty service from 29 June to 29 August 2012 was carefully considered.  

2.  The DD Form 214 shows he was released from active duty on 28 June 2012; however, the evidence confirms he served continuously on active duty in accordance with (IAW) Title 10, U.S. Code, section 12301(d) until 27 August 2012.  Therefore, block 12b of his DD Form 214 should be corrected accordingly. Additionally, block 12c should be corrected to reflect the additional 60 days of active duty performed.  

3.  The evidence shows he was awarded the Legion of Merit by orders dated 
13 January 2014, for service during the period 1 December 2003 to 
30 November 2013.  Therefore, based on the fact that the end date of the period of service for the award is beyond the period covered by the DD Form 214 for the period ending 28 June 2012 (27 August 2012 based on the above recommended correction), there is no basis for correcting the DD Form 214 by adding 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:

	a.  deleting the current entry in block 12b of his DD Form 214, for the period ending 28 June 2012, and replacing it with the entry "2012  08  27";

	b.  deleting the current entry in block 12c of his DD Form 214, for the period ending 28 June 2012, and replacing it with the entry "0001  01  29" and

	c.  adding to block 18 of his DD Form 214, for the period ending 28 June 2012, the entry "ADOS-RC IAW 10 USC 12301(D) from 20120629 to 20120827."

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 correcting his DD Form 214 for the period ending 28 June 2012 to show he served on active duty until 
29 August 2012 and/or by correcting his DD Form 214 to show he was awarded the Legion of Merit.





      __________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)                                         AR20140016422



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ABCMR Record of Proceedings (cont)                                         AR20140016422



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