ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 September 2019 DOCKET NUMBER: AR20170015763 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release from Active Duty) to show: * his rank/grade as sergeant (SGT)/E-5 instead of specialist (SPC)/E-4 * his awards of the Bronze Star Medal, Army Achievement Medal, Certificate of Achievement, and Army Reserve Components Achievement Medal * his latest discharge from the Army * his post separation legally-changed name APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending on 8 February 2010 * Order authorizing name change, dated 25 July 2017 * Discharge orders from the U.S. Army Reserve (USAR), dated 15 December 2015 * Promotion orders to E-5, effective 1 June 2010 * Permanent Orders (PO) Number 092-020, award of the Bronze Star Medal * Memorandum, dated 23 May 2011, awarding him the Army Reserve Components Achievement Medal * Certificate of Achievement * PO Number 09-32, awarding him the Army Achievement Medal 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 did not have most of the information on hand when his DD Form 214 was issued. He was recently able to collect all the pertinent documentation, which are included along with this form. He will be attending college soon, and as result my military records are of immense importance since he will be relying on VA (Department of Veterans Affairs) benefits as he embarks on the next chapter of his life. 3. Review of the applicant’s service records shows: a. He enlisted in the USAR on 11 February 2007. His DD Form 4 (Enlistment/Reenlistment Document) and allied documents show his full name as “X__ X__ X__.” He signed his contract and allied documents using this name. b. On 26 June 2008, the commander of E Company, 187th Ordnance Battalion awarded him a Certificate of Achievement in recognition of his performance. c. PO Number 09-32, issued by Headquarters, 3rd Battalion, 315th Regiment, New Cumberland, PA, on 7 January 2009, awarded him the Army Achievement Medal for service from 27 June 2008 to 7 January 2009. d. He entered active duty on 20 February 2008. He subsequently served in Afghanistan from 31 March 2009 to 23 January 2010. e. He was honorably released from active duty on 8 February 2010 and transferred to the control of the USAR. His DD Form 214 shows he completed 1 year, 11 months, and 19 days of active service. It also shows: * Block 1 (Name (Last, First, Middle)), his full name as “X___ X__ X___” (similar to that on his enlistment document * Blocks 4a (Grade, rate or Rank) and 4b (Pay Grade), SPC and E-4 respectively * Block 12i (Effective Date of Pay Grade) 2007-12-11 * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Afghanistan Campaign Medal with campaign star * National Defense Service Medal * Global war on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * Armed Forces Reserve Medal with M Device * NATO Medal f. On 2 April 2010, Joint Task Force (Afghanistan) published PO Number 092-10 awarding him the Bronze Star Medal for service in Afghanistan from 31 March 2009 to 20 January 2010. g. On 14 July 2010, he was promoted in the USAR to SGT/E-5 effective 1 June 2010. h. On 23 May 2011, Headquarters, Theater Support Command, Fort Belvoir, VA issued him a memorandum authorizing the Army Reserve Components Achievement Medal for service from December 2007 to December 2010. i. On 15 December 2015, having fulfilled his 8-year statutory service obligations, he was honorably discharged from the USAR. j. On 25 July 2017, he received approval from the court to change his name from “X___ X__ X___” to “X___ X__ X___.” 4. By regulation (AR 635-8), 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. The instruction for completing the DD Form 214 states: a. Block 1: Name. Compare original enlistment contract or appointment order and review official record for possible name changes. If a name change has occurred list other names of record in block 18. The evidence of record shows the applicant legally changed his name nearly 7 years after his release from active duty. b. Block 4: Grade, Rate, or Rank. Verify that active duty grade or rank and pay grade are accurate at time of separation. The applicant held the rank/grade of SPC/E-4 at the time of separation. He was promoted to SGT/E-5, in the USAR, after his release from active duty. c. Block 13, List all federally recognized awards and decorations for all periods of service. (1) He was awarded the Army Achievement Medal (before he entered active duty) and Bronze Star Medal (for his active duty service). Neither award is listed on his DD Form 214. Both awards have order and may be administratively added without action by the Board. (2) He was awarded the Army Reserve Components Achievement Medal for service from December 2007 to December 2010. He had not earned this award when he was released from active duty on 8 February 2010. (3) Commanders often recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement or commendation of local design. Certificates of achievement or commendation will be issued under such regulations as the local commander may prescribe. If a locally-designed certificate of achievement or commendation is printed for use according to this regulation, it may bear reproductions of insignia. The citation on such certificates will not be worded so that the act of service performed appears to warrant the award of a decoration. No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement or commendation. Certificates of achievement or commendation or memoranda may be filed in the official military personnel file but they are not entered on the DD Form 214. d. The period from the date he was released from active duty (8 February 2010) and the date he was discharged from the USAR (2 December 2015) is inactive service. The DD Form 214 is a record of continuous active service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board made the following findings: * the applicant’s rank/grade were properly reflected on his DD Form 214, because the applicant’s promotion to E-5 occurred in the USAR on 14 July 2010, after his release from active duty * the applicant’s post separation legally-changed name occurred after the release date from active duty and a DD Form 214 captures information at the time of publication * based upon regulatory guidance, a Certificate of Achievement cannot be listed on a DD Form 214 * the applicant’s Army Reserve Components Achievement Medal occurred after his release from active duty * his latest discharge from the Army, presumably USAR, occurred after his release from active duty However, the Board did note that the administrative note below by the analyst of record and recommends that change be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X 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 partial 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 adding the Bronze Star Service Medal and the Army Achievement Medal. 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 all other requested relief. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records shows he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 to show the Bronze Star Medal and Army Achievement Medal. 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. By regulation (AR 635-8), 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. The instruction for completing the DD Form 214 states: a. Block 1: Name. Compare original enlistment contract or appointment order and review official record for possible name changes. If a name change has occurred list other names of record in block 18. b. Block 4: Grade, Rate, or Rank. Verify that active duty grade or rank and pay grade are accurate at time of separation. 3. Army Regulation 600-8-22 also provides for the issuance of certificates of achievement. It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement or commendation of local design. Certificates of achievement or commendation will be issued under such regulations as the local commander may prescribe. If a locally-designed certificate of achievement or commendation is printed for use according to this regulation, it may bear reproductions of insignia. The citation on such certificates will not be worded so that the act of service performed appears to warrant the award of a decoration. No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement or commendation. Copies of certificates of achievement or commendation or memoranda of record stating that a certificate of achievement or commendation has been awarded and citing the service recognized will be distributed to the official military personnel file. ABCMR Record of Proceedings (cont) AR20170015763 6 1