BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009756 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009756 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending her DD Form 214 by deleting the Army Achievement Medal (4th Award) and adding the Army Achievement Medal (5th Award). 2. The Board further determined 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 the Army Achievement Medal (6th Award) and her inactive service in the U.S. Army Reserve. ___________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. BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009756 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 October 2012 to show: * her inactive service in the U.S. Army Reserve (USAR) from November 2012 to May 2014 * the Army Achievement Medal (6th Award) vice Army Achievement Medal (4th Award) 2. The applicant states she had additional USAR service and awards that were accrued after her DD Form 214 was issued. 3. The applicant provides: * her DD Form 214 * orders * six award certificates * DA Form 5691-R (Request for Reserve Component Assignment Orders) * DA Form 3540-R (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment) * DA Form 5435-R (Statement of Understanding - The Selected Reserve Montgomery GI Bill) 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 26 May 2006 and was promoted to the rank/grade of specialist (SPC)/E-4 on 26 May 2008. She was assigned to the 2nd Chemical Battalion, Fort Hood, TX. 3. The applicant provides certificates showing Permanent Orders (PO) awarded her the Army Achievement Medal for the periods: * 25 March - 19 April 2007 * 10 February - 23 November 2008 * 2 November 2006 - 16 March 2009 * 19 - 22 March 2012 4. She provides a DA Form 5691-R, dated 26 September 2012, wherein it shows she enlisted in the 369th Chemical Company, USAR, Waco, TX, on that date effective upon her release from active duty. 5. She was honorably released from active duty on 26 October 2012 and was transferred to the 369th Chemical Company, USAR. The DD Form 214 she was issued shows, in part, award of the Army Achievement Medal (4th Award). It does not reflect any prior inactive service. 6. She also provides: a. A certificate, dated 31 October 2012, wherein it shows PO 297-01, dated 23 October 2012, issued by the 2nd Chemical Battalion, Fort Hood, awarded her the Army Achievement Medal for the period 26 May 2006 - 26 October 2012. b. A certificate, dated 26 June 2013, wherein it shows PO 207-038, issued by the 450th Chemical Battalion, Houston, TX, awarded her the Army Achievement Medal for the period 13 - 27 June 2013. 7. On 9 May 2014, she was honorably discharged from the USAR. REFERENCES: Army Regulation 635-5 (Separation Documents) then in effect prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant provided evidence that shows PO awarded her the Army Achievement Medal (5th Award) during her active duty service while her DD Form 214 for the period ending 26 October 2012 only shows the Army Achievement Medal (4th Award). 2. With respect to the Army Achievement Medal for the period 13 - 27 June 2013, this award was awarded after her release from active duty and for a period after her active service. The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty. There are no provisions for adding awards to the DD Form 214 which were awarded for service after the Soldier was released from active duty. 3. With respect to her dates of service in the USAR, the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active. There are no provisions to add to the DD Form 214 inactive service that was completed after the Soldier was released from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009756 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009756 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2