IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100021714 


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 28 February 2009 as follows:

* item 12a (Date Entered [Active Duty (AD)] This Period)
* item 12b (Separation Date This Period) 
* item 12c (Net Active Service This Period)
* item 12d (Total Prior Active Service)
* item 12e (Total Prior Inactive Service)

2.  He also requests correction of this DD Form 214 to show award of the Legion of Merit.

3.  He states his years of service computations are in error.  He joined the Army National Guard (ARNG) on 26 January 1970 and retired on 28 February 2009 without a break in service.  The award of the Legion of Merit was not received or presented until after the final DD Form 214 was issued.

4.  He provides:

* 1970 DD Form 4 (Enlistment Contract – Armed Forces of the United States)
* 2008 release from AD (REFRAD) orders
* Legion of Merit Certificate
* 2009 retirement orders and amendment orders
* 2009 DD Form 214
* 2010 National Guard Bureau (NGB) Form 23A (ARNG Current Annual Statement)
* 2010 NGB Form 23A1 (ARNG Retirement Points Statement – Supplemental Detailed Report)

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Wyoming ARNG (WYARNG) in pay grade E-1 on 26 January 1970 for 6 years.  He was ordered to AD for training and entered AD on 18 March 1970.  He was honorably REFRAD on 2 August 1970 to the control of his ARNG unit. 

2.  He again entered AD in an Active Guard Reserve (AGR) status on 6 March 1989.

3.  On 19 December 2003, he extended his enlistment in the WYARNG for 6 years.

4.  On 1 October 2005, he was issued orders for his REFRAD with an effective date of 3 December 2005 based on his resignation from the AGR Program.  He was returned to the control of his ARNG unit. 

5.  On 9 November 2005, he was issued AD orders in support of Operation Iraqi Freedom (OIF) with a report date of 4 December 2005.  He was honorably REFRAD on 3 December 2005 for the purpose of continuing on AD in another status.  His DD Form 214 for this period fails to show his prior active service

6.  He again entered on AD on 4 December 2005 in support of OIF.  He was honorably REFRAD on 3 April 2007 for completion of required active service.

7.  He was ordered to AD in an AGR status for the period 4 April 2007 through 4 March 2010.  He entered on AD on 4 April 2007 without a break in AD service. 

8.  He provided and his records contain a certificate, dated 26 January 2009, awarding him the Legion of Merit for exceptionally meritorious service while serving in various positions of increasing responsibility throughout a distinguished career spanning over 39 years.  The certificate shows the award was issued by Permanent Orders Number 26-8.


9.  He was honorably REFRAD in pay grade E-8 on 28 February 2009 for sufficient service for retirement and he was transferred to the Retired Reserve.  His DD Form 214 for this period shows he entered active duty on 4 December 2005.

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) of this DD Form 214 does not list the Legion of Merit.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Legion of Merit.  Therefore, he is entitled to correction to his retirement DD Form 214 to show this award.

2.  At least two of the applicant's DD Forms 214 (for the period ending                 3 December 2005 and the period ending 28 February 2009) contain erroneous entries  pertaining either to when he entered active duty or the amount of prior service.

3.  He requested the computations in Items 12a, 12b, 12c, 12d (Total Prior Active Service), and 12e of his DD Form 214 for the period ending 28 February 2009 be corrected.  He served in the ARNG for 39 years and had multiple years of service where there were small periods of active duty (e.g., annual training).  The Army Human Resources Command (HRC) is the best agency to calculate Reserve service, both active and inactive service, for entry on the DD Form 214.

4.  In view of the foregoing, his records should be corrected as indicated below.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the Legion of Merit to item 13 of his DD Form 214 for the period ending 28 February 2009 and providing him document including this change; and

     b.  having HRC calculate his prior active and inactive service and further amend his DD Form(s) 214 as appropriate.



      ____________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)                                         AR20100021714



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ABCMR Record of Proceedings (cont)                                         AR20100021714



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