BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140016913
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 August 2014 be corrected to show:
a. award of the Meritorious Service Medal (2nd Award) in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons, Awarded or Authorized) and
b. in item 12a (Date Entered Active Duty This Period) that he entered active duty on 25 September 2006 instead of 24 September 2006.
2. The applicant states, in effect, that his retirement award was not available for inclusion on his DD Form 214 at the time he out-processed for retirement. He also states that his Officer Record Brief (ORB) erroneously indicated that he entered active duty on 24 September 2006 when in fact he executed his DA Form 71 (Oath of Office) and entered active duty on 25 September 2006. As a result, the erroneous entry on his ORB was transcribed to his DD Form 214.
3. The applicant provides:
* two DD Forms 214
* a DA Form 71
* a DA Form 638 (Recommendation for Award)
* a DA Form 4980-12 (Meritorious Service Medal Certificate)
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that following period of enlisted service in the Regular Army, Army National Guard and Regular Air Force, he accepted an appointment as a second lieutenant in the U.S. Air Force Reserve effective 4 April 2003.
2. He served as a commissioned officer in the U.S. Air Force Reserve until he was honorably discharged due to a reduction in force on 24 September 2006.
3. U.S. Army Human Resources Command, St. Louis, Missouri, Orders A-09-623820, dated 15 September 2006, ordered the applicant to active duty as a member of the Army National Guard in the rank of first lieutenant for the purpose of fulfilling an Active Army requirement with a report date of 25 September 2006.
These orders further show his date of rank was established as 25 September 2006.
4. On 25 September 2006, the applicant executed an oath of office and commemorated the event on a DA Form 71.
5. His record contains a DA Form 4980-12 which shows he was awarded the Meritorious Service Medal for exceptionally meritorious service from 1 August 2009 to 10 June 2011 by Permanent Order 139-27, dated 19 May 2011.
6. On 26 August 2014, the applicant was honorably retired. Item 12a of the DD Form 214 issued to him at the time shows, in part, in:
* in item 12a, the entry "2006 09 24" (indicating 24 September 2006)
* item 13, award of one Meritorious Service Medal
7. The applicant provides a DA Form 638 and DA Form 4980-12 which show he was awarded the Meritorious Service Medal for exceptionally meritorious service during a distinguished career from 27 August 2004 to 26 August 2014 by Permanent Order 157-05, dated 6 June 2014.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his DD Form 214 for the period ending 26 August 2014 to show award of the Meritorious Service Medal (2nd Award) and that he entered active duty on 25 September 2006 were carefully considered and determined to have merit.
2. Evidence clearly shows that he was ordered to active duty and executed an Oath of Office on 25 September 2006. Therefore, he is entitled to correction of item 12a of his DD Form 214 to reflect this date instead of the date currently shown.
3. Permanent orders show the applicant was awarded two Meritorious Service Medals for distinctly different periods, but his DD Form 214 only reflects one. Therefore, he is entitled to correction of his DD Form 214 to show award of the Meritorious Service Medal (2nd Award).
BOARD VOTE:
__X______ _X_______ _X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Depart-ment of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 26 August 2014 in the following manner:
a. Delete the current entry in item 12a and replace it with the entry "2006 09 25."
b. Delete the entry "Meritorious Service Medal" from item 13 and replace it with the entry "Meritorious Service Medal (2nd Award)."
_______ _ 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) AR20140016913
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ABCMR Record of Proceedings (cont) AR20140016913
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