BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140016622
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 14 April 2006 to show:
a. his rank as staff sergeant (SSG) and
b. a second award of the Army Commendation Medal (ARCOM).
2. The applicant states:
* he was promoted to SSG and received a second award of the ARCOM after completing his active duty service in April 2006
* he was officially honorably discharged on 14 June 2007
3. The applicant provides:
* SSG promotion orders
* two ARCOM Certificates
* two DA Forms 638 (Recommendation for Award)
* discharge orders
* DD Forms 214 for the periods ending 29 July 2002 and 14 April 2006
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 enlisted in the U.S. Army Reserve (USAR) on 21 September 1998 for 8 years under the Delayed Entry Program (DEP) with an obligation to enlist in the Regular Army for a period of 3 years not later than 30 July 1999. He was discharged from the USAR DEP and he enlisted in the Regular Army on 30 July 1999 for 3 years. On 29 July 2002, he was released from active duty and transferred to the USAR to complete his remaining service obligation.
3. He was promoted to sergeant (SGT) effective 15 June 2004. He was ordered to active duty on 17 December 2004 in support of Operation Enduring Freedom. He served in Kuwait/Iraq from 24 January 2005 to 5 November 2005.
4. He provided a DA Form 638 which shows 525th Military Intelligence Brigade Permanent Order Number 225-17, dated 13 August 2005, awarded him the ARCOM for meritorious service for the period 4 February 2005 to 1 November 2005.
5. On 14 April 2006, he was released from active duty. His DD Form 214 for the period ending 14 April 2006 shows:
* his rank as SGT
* one award of the ARCOM
6. He provided Headquarters, Military Intelligence Readiness Command, Orders 06-118-00003, dated 28 April 2006, promoting him to SSG effective 15 April 2006.
7. He provided a DA Form 638 which shows Military Intelligence Readiness Command, Theater Support Command, Permanent Order Number 256-04, dated 13 September 2007, awarded him the ARCOM for meritorious service for the period 15 April 2006 to 20 June 2007. However, the accompanying ARCOM Certificate shows an ending date of 20 April 2006.
8. On 20 June 2007, he was honorably discharged from the USAR in the rank of SSG.
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 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Since the applicant was promoted to SSG 1 day after his release from active duty, there is no basis for amending his DD Form 214 for the period ending 14 April 2006 to show his rank as SSG.
3. Since he received a second award of the ARCOM for meritorious service during the period 15 April 2006 to 20 June 2007, there is no basis for adding this award to his DD Form 214 for the period ending 14 April 2006.
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 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) AR20140016622
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ABCMR Record of Proceedings (cont) AR20140016622
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