IN THE CASE OF:
BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150001916
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) to show his rank/grade as staff sergeant
(SSG)/E-6 and his already-awarded Meritorious Service Medal.
2. The applicant states the orders for his promotion and award were not available at the time of his discharge and, thus, were not added.
3. The applicant provides:
* Orders, dated 29 January 2013, issued by the Michigan Army National Guard (MIARNG)
* DA Form 638 (Recommendation for Award)
CONSIDERATION OF EVIDENCE:
1. After having had prior enlisted service in the Regular Army, the applicant's records show he enlisted in the MIARNG on 17 December 1988.
2. The applicant's Enlisted Record Brief (ERB) shows he was serving in the rank/grade of sergeant (SGT)/E-5 effective 14 April 1991.
3. Orders 172613, dated 21 June 2010, issued by the MIARNG, shows the applicant was activated as an Active Guard/Reserve (AGR) for the period 21 June 2010 to 27 August 2015.
4. On 6 July 2012, a physical evaluation board (PEB) found the applicant was unfit for continued military service as a result of physical disability; the PEB results are reflected on a DA Form 199. The PEB recommended a disability percentage of 50 percent and placement on the Temporary Disability Retired List (TDRL). He concurred on 23 July 2012. Included with the PEB results in the applicant's official military personnel file (OMPF) is a list titled Current AGR Promotion List for SSG, dated 20 July 2012. This list shows the applicant was in a promotable status.
5. Orders 241-626, dated 29 August 2012, issued by the MIARNG, amended Orders 172613 and adjusted the applicant's AGR term to be completed on
11 November 2012.
6. Orders 251-0156, dated 7 September 2012, issued by U.S. Army Installation Management Command, Fort Knox, directed the applicant to report for separation processing on 2 October 2012 in paragraph 1. In paragraph 2, he was released from his assignment due to physical disability and reflected as being retired on 11 November 2012 with placement on the TDRL effective
12 November 2012. The standard name line of paragraph 1 reflects his rank as SGT. The standard name line for paragraph 2 lists his rank as SGT. The entry showing his retired grade of rank states his retired rank is SSG.
7. He was honorably discharged on 11 November 2012. His DD Form 214 shows the type of separation is retirement, the separation authority is Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), and the narrative reason for separation is listed as disability, temporary.
a. His DD Form 214 also shows he completed 3 years, 5 months, and 1 day of net active creditable service with 7 years, 8 months, and 4 days of prior active service and 15 years, 9 months, and 5 days of prior inactive service.
b. Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) shows SGT/E05.
c. Item 12i (Effective Date of Pay Grade) shows 1991-04-14.
d. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) indicates the following:
* Iraq Campaign Medal with two bronze service stars
* Army Commendation Medal (4th Award)
* Army Achievement Medal (6th Award)
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Army Good Conduct Medal (2nd Award)
* Army Reserve Component Achievement Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Armed Forces Reserve Medal with M Device
* Parachutist Badge
* Combat Action Badge
* Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp
8. His records contain the following documents:
a. Orders, dated 29 January 2013, issued by the MIARNG, show the applicant was promoted to the rank/grade of SSG/E-6 with a date of rank and effective date of 11 November 2012.
b. A DA Form 638 shows in Part V (Orders Data) the applicant was awarded the Meritorious Service Medal on Permanent Orders Number 338-005, dated 18 December 2012, issued by the MIARNG.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was promoted to the rank of SSG with an effective date of 11 November 2012, which is within the period covered by his DD Form 214. Additionally, he was awarded the Meritorious Service Medal and it is not reflected on his DD Form 214.
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. Making the following corrections on his DD Form 214 for the period ending 11 November 2012:
* item 4a, delete SGT and add SSG
* item 4b, delete E05 and add E06
* item 12i, delete 1991-04-14 and add 2012-11-11
* item 13, add the Meritorious Service Medal
b. Amending Orders 251-0156, dated 7 September 2012, issued by the U.S. Army Installation Management Command, Fort Knox, to reflect his rank as SSG in the standard name lines of paragraphs 1 and 2.
_______ _ __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.
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