IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016595
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM) and the Army Achievement Medal (AAM).
2. The applicant states the above awards were received prior to retirement from the U.S. Army Reserve (USAR).
3. The applicant provides an MSM Certificate and an AAM Certificate.
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. After having prior enlisted service in the Regular Army, he enlisted in the USAR on 12 May 1984.
3. He entered active duty on 22 May 2007. He served in Kuwait/Iraq from
13 September 2007 through 14 May 2008.
4. He was honorably released from active duty on 4 June 2008 and transferred to the USAR. He completed 1 year and 13 days of creditable active service during this period.
5. The DD Form 214 he was issued for this period of service shows the following awards:
* AAM (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Korean Defense Service Medal
* Iraq Campaign Medal with One Campaign Star
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Armed Forces Reserve Medal with "M" Device
* Armed Forces Reserve Medal with 10-Year Device
6. He provides an AAM Certificate, with Permanent Order Number 156-27, which shows he was awarded the AAM for exceptional achievement and performance while participating in Operation Essayons at Fort Hunter-Liggett, CA for the period 9 May to May 2009.
7. He provides an MSM Certificate, with Permanent Order Number 265-01, which shows he received the MSM for meritorious service culminating 34 years of service as a senior observer, controller, and training noncommissioned officer for the period 3 October 2001 through 2 October 2011.
8. Orders 11-227-0032, issued by Headquarters, 81st Regional Support Command, Fort Jackson, SC, dated 15 August 2011, show he was assigned to the Retired Reserve effective 3 October 2011.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldiers most recent period of continuous active service (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active service, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldiers service.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded the AAM and the MSM.
2. However, the DD Form 214 is a record of service at the time of release from active duty. He was not awarded the AAM until 7 June 2009 and the MSM on
22 September 2011; therefore, he is not entitled to correction of his DD Form 214 for the period ending 4 June 2008 to show these medals.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140016595
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