BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017522 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017522 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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: 8 August 2018 DOCKET NUMBER: AR20160017522 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) to show: a. award of the Meritorious Service Medal (MSM) and b. an reentry eligibility (RE) code. 2. The applicant states he separated from his unit before the award was completed and presented. The RE code was never added to his DD Form 214. 3. The applicant provides a MSM Certificate. 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 U.S. Army Reserve (USAR) on 16 December 2003 for a period of 8 years. 3. He was ordered to active duty on 23 October 2009 in support of Operation Iraqi Freedom. He served in Iraq from 24 November 2009 to 22 August 2010. On 27 October 2010, he was released from active duty (REFRAD) and transferred to the USAR to complete his remaining service obligation. 4. His DD Form 214 for the period ending 27 October 2010 shows in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – no MSM * item 23 (Type of Separation) – RELEASE FROM ACTIVE DUTY * item 25 (Separation Authority) – Army Regulation 635-200, chapter 4 * item 26 – MBK * item 27 (RE Code) – "NA [Not Applicable]" * item 28 (Narrative Reason for Separation) – COMPLETION OF REQUIRED ACTIVE SERVICE 5. He provided a MSM Certificate for exceptionally meritorious service from 17 December 2003 to 15 December 2011. The medal was published by Headquarters, 4th Expeditionary Sustainment Command, Permanent Orders Number 13-094-002, on 1 December 2011. 6. On 15 December 2011, he was honorably discharged from the USAR. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214 and states RE codes are not applicable to officers, U.S. Military Academy cadets who fail to graduate or enter U.S. Military Academy from active duty status, or to Reserve Component Soldiers being separated for other than cause. DISCUSSION: 1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his REFRAD. 2. The evidence shows he was awarded the MSM on 1 December 2011, 1 year after his REFRAD on 27 October 2010. 3. His request for an RE code was carefully considered. However, the governing regulation states RE codes are not applicable to Reserve Component Soldiers being separated for other than cause. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017522 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017522 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2