ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: October 10, 2019 DOCKET NUMBER: AR20170009124 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 4 May 2010. * Block 4a (Grade, Rate or Rank), for major (MAJ) to lieutenant colonel (LTC) * Block 4b (Pay Grade) from O-4 to O-5 (and corresponding effective date) * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), add the Meritorious Service Medal (MSM) * Block 13, delete Armed Forces Reserve Medal with M device and 30 Year Gold, add Armed Forces Reserve Medal with M Device and 20 Year Silver * Block 18 (Remarks), continuation to Block 13, 3, delete Overseas Service Ribbon (3rd Award) and add Overseas Service Ribbon APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 638 (Recommendation for Award) Permanent Order Number 309-010, Meritorious Service Medal (MSM) * U.S. Army Human Resources Command, Memorandum, Subject: Promotion as a Reserve Commissioned Officer * U.S. Army Human Resources Command, Memorandum, Subject: Special Selection Board (SSB) Results FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was promoted to LTC effective 5 July 2007 evidenced by the promotion letter. He provides: * DA Form 638 (Recommendation for Award), dated 8 April 2010, that shows award of the MSM for service from 1 November 2007 to 4 May 2010 by Permanent Order Number 309-010 * U.S. Army Human Resources Command (HRC) Memorandum, Subject: Promotion as a Reserve Commissioned Officer, dated 22 February 2013 that shows the applicant was promoted to LTC effective 5 July 2007 * HRC Memorandum, Subject: Special Selection Board (SSB) Results, dated 25 February 2013 that shows he was selected for promotion to LTC by an SSB 3. The applicant did not provide a copy of his 4 May 2010, DD Form 214. A copy of the form is also not available for review in his service records. This case is being considered using his service records, specifically his DD Form 214 ending on 25 October 2007. a. Having had prior enlisted service, he was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 12 June 1982. b. He entered active duty on 15 October 1984 and he was honorably released from active duty on 21 December 1984. His DD Form 214 for this period shows he was awarded or authorized the Army Service Ribbon. c. On 6 June 1986, he was appointed in the Army National Guard. He entered active duty on 17 November 1990 and he was honorably released from active duty on 28 May 1991. His DD Form 214 for those period of service shows he was awarded or authorized: * Army Service Ribbon * Southwest Asia Service Medal * Overseas Service Ribbon * National Defense Service Medal * Army Achievement Medal * Army Reserve Components Overseas Training Ribbon * Army Reserve Components Achievement Medal (1 Oak Leaf Cluster) * Armed Forces Reserve Medal d. His DA Form 2-1 (Personnel Qualification Record) shows foreign service in: * 14 May 1987 to 4 October 1987, Ecuador, 6 months * 5 October 1987 to 2 December 1987, Ecuador, 3 months * 5 January 1991 to 2 May 1991, Saudi Arabia/Iraq/Kuwait, 5 months * 9 April 2002 to 28 April 2002, Nicaragua, 1 month * 16 April 2003 to 15 April 2004, Iraq/Kuwait, 13 months e. He was promoted to major in the U.S. Army Reserve on 24 March 2005. f. On 17 October 2001, he enlisted in the Georgia Army National Guard (GAARNG). He entered active duty on 2 February 2003 and he was honorably released from active duty on 18 May 2004. His DD Form 214 for this period of service shows he was awarded or authorized: * Army Commendation Medal (3rd award) * Army Achievement Medal (3rd award) * Meritorious Unit Commendation * Army Reserve Components Achievement Medal (3rd award) * National Defense Service Medal w/ bronze service star * Global War on Terrorism Service Medal * Humanitarian Service Medal * Armed Forces Reserve Medal w/ mobilization device * Army Service Ribbon * Overseas Service Ribbon * Army Reserve Component Overseas Training Ribbon (2nd award) g. He extended his enlistment, dated17 October 2001, on 7 October 2005 for 6 months, 9 March 2006 for 6 months, and 10 September 2006 for 6 months. h. He entered active duty on 24 October 2005 and he was honorably released from active duty on 25 October 2007. His DD Form 214 for this period of service shows in: * Block 2 (Department, Component and Branch) U.S. Army Reserve, Medical Services * Block 4a (Grade, Rate or Rank): MAJ (Major) * Block 4b (Pay Grade) O-4 * Block 13, he was awarded or authorized: * Army Commendation Medal (3rd award) * Army Achievement Medal (3rd award) * Meritorious Unit Commendation * Army Reserve Components Achievement Medal (3rd award) * National Defense Service Medal w/ bronze service star * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Humanitarian Service Medal * Iraq Campaign Medal * Army Service Ribbon * Armed Forces Reserve Medal * Overseas Service Ribbon (3rd Award) * Army Reserve Component Overseas Training Ribbon (2nd Award) * Armed Forces Reserve Medal w/ M Device 92nd Award) * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) * Combat Medical Badge i. On 5 March 2009, the applicant was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). j. Orders 10-103-00072, dated 13 April 2010, published by Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, shows he was reassigned from his current unit to the Retired Reserve, effective 1 July 2010 due to his maximum authorized years of service. k. Permanent Orders Number 309-010, dated 5 November 2010, awarded him the MSM for service from November 2007 to May 2010. l. On 22 February 2013, the applicant was promoted to LTC with an effective date of 5 July 2007. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief was warranted. 2. After review the Board found there was sufficient evidence grant relief by amending separation orders 10-103-0072, dated 13 April 2010 to reflect the rank of LTC as well as correct his meritorious service medal to show LTC and add to the applicant’s DD Form 214. Additionally, the applicant’s DD Form 214 will need to be amended to reflect the rank and grade of LTC/05. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 25 October 2007 by: * correcting block 4a (Grade, Rate of Rank) to read LTC * correcting block 4b (Pay Grade) to read 05 * item 12b (separation date this period) to read 2010 07 01 * item 12h (effective date of pay grade) to read 2007 07 05 2. The Board determined that his Meritorious Service medal should be updated to reflect the rank of LTC/0-5 and the his DD Form 214 be corrected by amended for the period ending in 2010 07 01 3. The Board determined that Orders 10-103-0072, dated 13 April 2010 should be amended to reflect the rank of LTC. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Separation Documents) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. a. Section 2-4. (Completing the DD Form 214) provides instructions for the preparation and distribution of the DD Form 214 (Certificate of Release or Discharge from Active Duty), and shows the form will be completed in accordance with the instructions provided. b. Item 4 (Grade, Rate or Rank) enter active duty grade or rank and pay grade at time of separation from the enlisted record brief (ERB) or officer record brief (ORB). c. Item 13, (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. 4. Army Regulation 600-8-22 (Military Awards) provides the policy, criteria, and administrative instructions concerning individual military decorations. This AR applies to the active Army, the Army National Guard, the Army National Guard/Army National Guard of the United States, and the United States Army Reserve unless otherwise stated. It also applies to retired military personnel, foreign military personnel, and department of Defense civilians as indicated. a. Paragraph 3-15. (Meritorious Service Medal) (MSM) was established by Executive Order 11448, on 16 January 1969, and is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of friendly foreign nation, who has distinguished himself or herself by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2011, the MSM is authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. b. Paragraph 5-8. (Armed Forces Reserve Medal) (AFRM) was established by Executive Order 10163, and is for award to personnel whose reserve component service has been primarily in the organized Reserve or in the National Guard. It is awarded for honorable and satisfactory service as a member or former member of one or more of the reserve components of the Armed Forces of the United States, for a period of 10 years under the following and other numerous specified conditions: (1) Such years of service must have been performed within a period of 12 consecutive years, and the member must accumulate, during each anniversary year, a minimum of 50 retirement points. (2) The 10-year-device is authorized for wear on the AFRM to denote each 10-year period as follows: (a) The bronze hourglass will be awarded upon completion of the first 10-year period award. (b) The silver hourglass will be awarded upon completion of the second 10-year period award. (c) The gold hourglass will be awarded upon completion of the third 10-year period award. (d) The gold hourglass, followed by a bronze hourglass will be awarded upon completion of the fourth 10-year period award. (e) The “M” device is authorized for wear on thee AFRM by members of the reserve components who are called or volunteer and serve on active duty in support of specific U.S. military operations or contingencies designed by the Secretary of Defense. When a member qualifies for the device, the Bronze “M” will be awarded, and a number will be included on the ribbon and medal. No more than one AFRM may be awarded to any one person. Multiple periods of service during one designated contingency will count as one “M” device award. If no “M” device is authorized, the appropriate hourglass will be positioned on the AFRM. If no hourglass is authorized, the “M” device will be centered on the ribbon, followed by Arabic numerals indicating the number of times the device has been awarded, starting with the second award. f. Paragraph 5-4. (Overseas Service Ribbon) (OSR) was established by the Secretary of the Army on 10 April 1981. It is awarded to members of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all members of the Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award. It may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an active Army status as defined under this paragraph. Numerals will be used to denote second and subsequent awards of the OSR. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170009124 6 1