IN THE CASE OF: BOARD DATE: 16 April 2020 DOCKET NUMBER: AR20180012135 APPLICANT REQUESTS: Correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 March 1991 to show the following rank, pay grade and awards: * command sergeant major (CSM) vice first sergeant (1SG) * pay grade E-9 vice pay grade E-8 * Army Commendation Medal (ARCOM) with two oak leaf clusters (ARCOM 3rd Award) * Meritorious Service Medal (MSM) with two oak leaf clusters (MSM 3rd Award) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending 26 March 1991 * Orders 99-07 dated 10 December 1992 * Orders 056-075 dated 17 December 1992 * DA Form 638 (Recommendation for Award) dated 6 June 1995 * Permanent Order 159-4 dated 8 June 1995 * Permanent Order 258-008 dated 14 September 1996 * Orders 97-345-032 dated 11 December 1997 * DA Form 4980-18 (Army Achievement Medal (AAM) Certificate) dated 11 January 1998 containing the statement "Interim Orders" * DA Form 638 dated 16 July 1998 * Permanent Order 243-19 dated 31 August 1998 * Orders P04-805946 dated 28 April 2008 * DD Form 363A (Certificate of Retirement) dated 25 June 2008 FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, U.S. Code, 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 his DD Form 214 for the period ending 26 March 1991 was for his period of mobilization in support of Operations Desert Shield and Desert Storm. He was promoted to CSM and received the aforementioned awards after his release from active duty date. He states he would like his DD Form 214 updated because he will be buried in the Battle Creek (Michigan) National Cemetery. 3. As a member of the U.S. Army Reserve (USAR) in a troop program unit the applicant entered active duty on 22 January 1991 in support of Operations Desert Shield and Desert Storm. 4. On 26 March 1991 the applicant was honorably released from active duty upon the completion of his required active service. He was issued a DD Form 214 documenting his active service of 2 months and 5 days. He did not deploy to Southwest Asia. His DD Form 214 contains the following pertinent information: * Block 4a (Grade, Rate or Rank) – 1SG * Block 4b (Pay Grade) – E-8 * Block 12h (Record of Service – Effective Date of Pay Grade) – 22 January 1991 * Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) in pertinent part – * AAM * ARCOM 5. On 4 October 1992 the applicant with more than 20 years of inactive military service reenlisted in the USAR in pay grade E-8 for a period of 6 years. 6. On 15 December 1992 the applicant was promoted to sergeant major/pay grade E-9 by Orders 99-007 issued by Headquarters, 70th Division (Training), USAR on 10 December 1992. 7. By Orders 056-075 the applicant was appointed to CSM with a date of rank of 15 December 1992 by the U.S. Army Reserve Command (USARC) on 17 December 1992. 8. On 12 January 1998 the applicant was voluntarily transferred from his USAR troop program unit to the Retired Reserve by Orders 97-345-032 dated 11 December 1997 issued by USARC. 9. On 31 August 1998 the applicant was awarded the MSM with first oak leaf cluster (MSM 2nd Award) by Permanent Orders 243-19 issued by Headquarters, 84th Division (Individual Training), USAR. 10. On 25 June 2008 the applicant retired and was placed on the Army of the United States Retired List by Orders P04-805946 issued by the U.S. Army Human Resources Command. 11. The applicant provided the following evidence: * Permanent Order 159-4 dated 8 June 1995 awarding him the ARCOM for the period of service from 12 June 1993 to 1 July 1995 * Permanent Order 258-008 dated 14 September 1996 awarding him the MSM for the period of service from 2 July 1995 to 16 July 1996 * AAM Certificate dated 11 January 1998 showing the statement "Interim Orders" with no permanent award order noted on the certificate * Permanent Order 243-19 dated 31 August 1998 awarding him the MSM with first oak leaf cluster (MSM 2nd Award) * Certificate of Retirement dated 25 June 2008 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. By regulations, promotions and awards that occur after the period of service for which a DD Form 214 (Certificate of Release or Discharge from Active Duty) is issued are not added to that DD Form 214. The applicant’s promotion to CSM and awards received occurred after the applicant’s DD Form 214 for the period service ending 26 March 1991 so therefore cannot be added to that DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated, in pertinent part, that a DD Form 214 would be issued at the time of separation to all personnel, to include USAR, after completing 90 days or more of continuous active duty for training (ADT), full-time training duty (FTTD), or active duty support. a. It states to use the following documents when preparing a DD Form 214WS (Worksheet): * Enlisted Record Brief * Officer Record Brief * separation approval authority documentation, if applicable * separation order * any other document authorized for filing in the OMPF b. In Block 12b (Record of Service – Separation Date this Period) it states enter the Soldier’s transition date or date of release from active duty or discharge date. c. In Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of active service (through the transition date identified in Block 12b) in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. 3. Army Regulation 635-8 (Separation Processing and Documents) prescribes current policy and procedural guidance relating to transition management. It consolidated the policies, principles of support, and standards of service regarding processing personnel for transition. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of all current active, prior action, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on terminations of a Soldier’s service. When separation is ordered, the separation approval document must be present for transition processing these include the Enlisted Record Brief or Officer Record Brief, separation approval documents, separation orders and any other document authorized for filing in the personnel records. For Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states in effect to list all federally recognized awards and decorations for all previous periods of service including the current period of active duty. Do not use abbreviations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180012135 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1