IN THE CASE OF: BOARD DATE: 24 June 2008 DOCKET NUMBER: AR20080003645 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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show his rank and pay grade as captain, O3E; and his award of the Meritorious Service Medal. 2. The applicant states, in effect, that his DD Form 214 does not show his correct rank, pay grade, or award of the Meritorious Service Medal. 3. The applicant provides copies of his DD Form 214, retirement orders, award certificate, and letters from this Board, dated 13 July 2007, approving the correction of his retired rank and pay grade. CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was on the Temporary Disability Retired List as a captain, pay grade O3E. 2. Records show that the applicant was discharged from the United States Army Reserve (USAR) in the grade of captain due to twice non-selection for promotion to major. He subsequently enlisted in the USAR in the pay grade of E-6 for a period of 6 years. On 30 May 2001, he was issued his 20-Year Letter for retired pay eligibility at age 60. 3. On 31 March 2004, the applicant was voluntarily ordered to active duty in the rank of staff sergeant, pay grade E-6. He was deployed to Iraq. 4. On 26 May 2006, the applicant was released from active duty and placed on the TDRL in the rank and pay grade of staff sergeant, E-6. His DD Form 214 shows in Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) that he was a staff sergeant, E-6. 5. Item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) list the Bronze Star Medal, Purple Heart, Air Force Outstanding Unit Award, Army Good Conduct Medal, Air Force Good Conduct Medal, National Defense Service Medal (two awards), Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Army Reserve Component Overseas Training Ribbon (three awards), Air Force Longevity Service Award Ribbon, and the Combat Infantryman Badge. It does not show award of the Meritorious Service Medal. 6. The applicant’s Official Military Personnel File (OMPF) shows that Permanent Orders 315-004, 87th Division, dated 11 November 2006 awarded him the Meritorious Service Medal for exceptionally meritorious service. 7. On 13 July 2007, this Board approved the applicant’s earlier request to correct his records to show that he was placed on the TDRL as a captain, pay grade O3E. DISCUSSION AND CONCLUSIONS: 1. The evidence of record clearly shows that the applicant’s last period of active duty service was in the rank and pay grade of staff sergeant, E-6 and that his DD Form 214 properly reflects this service. 2. The applicant’s records were previously corrected to show that he was placed on the TDRL in the retired rank and pay grade of captain, O3E. This was correct based on his prior service as a commissioned officer. 3. In view of the above, the applicant’s request to change his rank and pay grade on his DD Form 214 should be denied. 4. Permanent orders show that the applicant was awarded the Meritorious Service Medal for exceptionally meritorious service. Therefore, his records should be corrected to show this award. BOARD VOTE: ________ ____ ___ ___ __ GRANT FULL RELIEF ____X___ ___X ___ ___X _ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards shown on his DD Form 214, his awards include the Meritorious Service Medal. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his rank and pay grade as shown on his DD Form 214. __________ _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) AR20070015723 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080003645 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1