BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150011490 BOARD VOTE: ___x_____ ___x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150011490 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 deleting the Distinguished Service Medal from her DD Form 214 for the period ending 31 December 2012. ___________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: 16 June 2016 DOCKET NUMBER: AR20150011490 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 removal of an erroneously entered Distinguished Service Medal (DSM) from her DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states she was never awarded the above medal. 3. The applicant provides a copy of her DD Form 214. 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 was appointed as a commissioned officer in the Regular Army, in the rank/grade of second lieutenant/O-1, on 18 December 1995. She was promoted to the rank/grade of major/O-4 on 2 April 2006. 3. The applicant was honorably retired on 31 December 2012 by reason of sufficient service for retirement. Her DD Form 214 shows she was awarded the DSM. 4. The applicant's official military personnel file (OMPF) is void of any evidence or documentation, such as certificates, memoranda, or permanent orders that show she was awarded the DSM. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service; it provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate. DISCUSSION: 1. The applicant's request for removal of an erroneously entered DSM from her DD Form 214 was carefully considered. 2. A thorough review of her OMPF revealed no evidence that she was ever considered for or awarded the DSM. It is unclear exactly why the award was placed on her DD Form 214; however, it appears to have been erroneously entered at the time of retirement from military service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2