IN THE CASE OF: BOARD DATE: 19 May 2010 DOCKET NUMBER: AR20090020149 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 on 9 November 2008 as follows: a. to show he completed 11 months and 30 days instead of 11 months and 29 days of net active service; and b. to show he received two awards of the Meritorious Service Medal. 2. The applicant states 2008 was a leap year and the date on DD Form 214 was not reflective of that time and his two awards were earned but not listed on his DD Form 214. 3. The applicant provides a copy of his DD Form 214 for the period ending 9 November 2008; and copies of two Meritorious Service Medal certificates, dated 9 March 2007 and 30 October 2008. CONSIDERATION OF EVIDENCE: 1. The applicant is a U.S. Army Reserve (USAR) commissioned officer who was initially appointed in the USAR and executed a DA Form 71 (Oath of Office - Military Personnel) on 15 July 1983. He completed several military training courses, served in various staff and command position, and he was promoted to lieutenant colonel on 30 May 2004. 2. On 11 November 2007, he was ordered to active duty as a member of his Reserve unit in support of Operation Enduring Freedom. He was honorably released from active duty (REFRAD) to the control of his USAR unit on 9 November 2008. His DD Form 214 shows the following entries: a. Item 12a (Date Entered AD (Active Duty) This Period) shows the entry "2007 11 11"; b. Item 12b (Separation Date This Period) shows the entry "2008 11 09"; c. Item 12c (Net Active Service This Period) shows the entry "0000 11 29"; and d. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show any awards of the Meritorious Service Medal. 3. Headquarters, Military Intelligence Readiness Command, Fort Belvoir, VA, Permanent Orders Number 07-068-001, dated 9 March 2007, awarded him the Meritorious Service Medal for exceptionally meritorious service from 16 May 2005 to 30 January 2007. 4. Headquarters, Office of the Deputy Chief of Staff, G3/5/7, Washington, DC, Permanent Orders 304-09, dated 30 October 2008, awarded him the Meritorious Service Medal for exceptionally meritorious service from 10 November 2007 through 9 November 2008. 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Army Regulation 635-5, chapter 2, contains guidance on the preparation of the DD Form 214. a. Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued; b. item 12b shows the Soldier’s transition date; c. item 12c shows the amount of service this period, computed by subtracting item 12a from 12b; and d. Item 13 shows awards and decorations for all periods of service in the priority sequence specified in applicable regulation. 6. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Service Medal. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, his DD Form 214 should be corrected to show 11 months and 30 days of net active service and two awards of the Meritorious Service Medal. 2. The evidence of record shows he entered active duty on 11 November 2007 and he was honorably REFRAD on 9 November 2008. By subtracting the date he entered active duty from his REFRAD date, the result is 11 months and 29 days of active service, which is properly shown on his DD Form 214. Therefore, there is no basis for changing this portion of the applicant's requested relief. 3. Permanent orders awarded him two awards of the Meritorious Service Medal which are not listed on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these two awards. 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 adding to item 13 of his DD Form 214 the Meritorious Service Medal with one oak leaf cluster. 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 Item 12c of 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) AR20090020149 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090020149 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1