IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20140021207
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 he received the National Defense Service Medal (NDSM) and correction of Orders D-12-539020, which discharged him from the U.S. Army Reserve (USAR) on 20 December 2005, to show his rank as a specialist (SPC)/E-4.
2. The applicant states, in effect, he was never reduced in rank after he was discharged from active duty service and placed in the USAR. The NDSM was not issued when he was in service but the military allowed the award to be backdated for those who were eligible for the medal while he was on active duty.
3. He provides:
* Leave and Earning Statements
* Orders D-12-539020
* DD Form 214
* DA Form 638 (Recommendation for Award)
* Army Commendation Medal 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 11 March 1998, the applicant enlisted in the Regular Army. He completed training and he was awarded military occupational specialty 11B (Infantryman).
3. On 10 March 2002, he was honorably released from active duty as a specialist (SPC)/E-4, and was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. He had 4 years of net active duty service.
4. His DD Form 214 shows the:
* Army Service Ribbon
* Army Achievement Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
5. A DA Form 638 dated 8 February 2002, issued by Special Troops Battalion, Fort Lewis, WA, shows he was awarded the Army Commendation Medal (ARCOM) for meritorious achievement from 12 January 2001 to
10 March 2002.
6. Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period from 11 September 2001 to a date to be determined.
7. Orders D-12-539020, issued by the U.S. Army Human Resources Command on 20 December 2005, show he was honorably discharged from the USAR upon the completion of his obligated service as a private first class (PFC).
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty during a qualifying period for award of the NDSM. Therefore, his DD Form 214 should be corrected to show this award.
2. The evidence of record shows, among other awards, he was awarded the ARCOM. Therefore, his DD Form 214 should be corrected to show this award.
3. There is no documentation in the applicant's service record showing he was reduced in rank prior to his discharge from the USAR in 2005. He should have been discharged from the USAR as a SPC/E-4.
4. In view of the foregoing, his records should be corrected as recommended below.
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 Department of the Army records of the individual concerned be corrected by:
a. Adding to his DD Form 214 the:
* ARCOM
* NDSM
b. Amending Orders D-12-539020 issued on 20 December 2005 to reflect the rank of SPC vice PFC.
____________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) AR20110009418
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ABCMR Record of Proceedings (cont) AR20140021207
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