ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20170013443 APPLICANT REQUESTS: * removal of the Meritorious Service Medal (MSM) from his DD Form 214 (Certificate of Release or Discharge from Active Duty) * correct Block 12c (Net Active Service This Period) to include total active service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 (ABCMR) 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 would like the MSM that was listed on his DD Form 214 removed. He was told by his unit he would be receiving the award when he was medically discharged, but when he departed there was no ceremony and no award. It serves as a reminder of how little he meant to his unit and the Army and he does not want to be accused of stolen valor. Additionally, his net active service was calculated at 12 years, 7 months, and 7 days. He was previously a career counselor and based on his calculation, it should have been 13 years, 7 months, and 7 days. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 20 June 2002. His foreign service included: * Iraq from 25 June 2004 to 10 January 2005 * Iraq from 12 October 2005 to 30 March 2006 * Germany from 7 October 2007 to 5 October 2010 * Iraq from 28 August 2008 to 27 August 2009 * Afghanistan from 18 November 2012 to 16 June 2013 b. On 17 November 2015, a Physical Evaluation Board (PEB) found him unfit and recommended a rating of 50% and that the applicant be placed on the temporary disability retirement list (TDRL) with a reexamination in August 2016. c. Orders 334-0022, dated 30 November 2015, directed the applicant be retired effective 26 January 2016 and placed on the TDRL. d. On 26 January 2016, he was honorably retired from active duty. His DD Form 214 shows he completed 12 years, 7 months, and 7 days of active service with 7 months and 8 days of prior active service, and 2 years, 4 months, and 6 days of prior inactive service with no lost time. It also shows: * he was awarded an MSM; however, his service record is void of orders or a certificate for award of the MSM * Block 12a (Date Entered AD This Period) – 20 June 2002 * Block 12b (Separation Date This Period) – 26 January 2016 * Block 12c (Net Active Service This Period) – 12 years, 7 months, and 7 days 4. By regulation, 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. Block 12a – Data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Form 214, DA form 1506, and a complete review of the Soldier’s official record. Enter 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. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. b. Block 12b – List the Soldier’s transition date. This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government. c. Block 12c – Amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted. Lost time will be listed in Block 29; other noncreditable time will be identified in block 18. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found that there were no orders to show award of the MSM. Board members voted to honor his specific request to remove it. One Board member voted to deny removal because he was unable to see the award. Two Board members voted to grant removal of the MSM. Additionally, the Board found that the applicant’s request to change the net active service was supported by the documentary evidence and the current entry was an error. Therefore, the Board recommended granting that portion of the requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X GRANT FULL RELIEF : X : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by: * (item 12c) replacing the current entry of “12 07 07” with “13 07 07” * (item 13) removing the Meritorious Service Medal 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 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. Army Regulation 635-8 (Separation Processing and Documents) states 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. Block 12a (Date Entered Active Duty This Period)– Data sources are enlistment contract(s), initial order to active duty, active duty order, previously issued DD Form 214, DA form 1506, and a complete review of the Soldier’s official record. Enter 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. Do not depend on basic active service date for this data item. The basic active service date can be an adjusted date. b. Block 12b (Separation Date This Period) – List the Soldier’s transition date. This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government. c. Block 12c (Net Active Service This Period) – Amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted. Lost time will be listed in Block 29; other noncreditable time will be identified in block 18. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170013443 4 1