ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20180016229 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing: a. permanent filing of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 April 2004 in his Official Military Personnel File (OMPF), b. permanent filing of his award of the Legion of Merit in his OMPF, c. correction of his records to show his completion of Command and General Staff College and the U.S. Army War College, d. correction of his DD Form 214 for the period ending 20 April 2004 to show his completion of Command and General Staff College, the U.S. Army War College, and award of the Legion of Merit. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 8 November 2018 * Self-authored letter, dated 10 October 2018 * Command and General Staff College Certificate, dated 23 April 1986 * U.S. Army War College Certificate, dated 25 July 1997 * Headquarters, 90th Regional Readiness Command, Orders 06-326-0009, dated 22 November 2006 * United States Army Reserve letter, dated 29 November 2006 * DA Form, 4980-11 (Legion of Merit), dated 30 November 2006 * DA Form 638 (Recommendation for Award), dated 30 November 2006 * one Photograph * Headquarters, 90th Regional Readiness Command, Orders 06-343-00002, dated 9 December 2006 * U.S. Army Human Resources Command, Orders P12-692924, dated 21 December 2006 * Chronological Statement of Retirement Points, dated 28 December 2006 * DD 363A Form (Certificate of Retirement), dated 21 January 2007 * Defense Finance and Accounting Service Retired and Annuity Pay letter, dated 25 January 2007 * Army Review Boards Agency memorandum, dated 30 October 2018 * two DD Forms 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. A review of the applicant's records shows his award of the Legion of Merit is permanently filed in his OMPF. His request for permanent filing of his DD Form 214 for the period 20 April 2004 will be resolved administratively and these two issues will not be discussed further in these Record of Proceedings. 3. The Board will consider the applicant's request for correcting his DD Form 214 for the period ending 20 April 2004 to show his completion of Command and General Staff College and the U.S. Army War College and his award of the Legion of Merit. 4. The applicant states: a. the Legion of Merit was presented to him on 21 January 2007 after his out- processing and b. he should be issued an amended DD Form 214 reflecting all his requested changes. 5. Having prior honorable enlisted service in the Army of the United States, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 12 September 1969. He was ordered to active duty on the same date. 6. On 30 September 1980, he was honorably released from active duty and assigned to Headquarters, 420th Engineering Brigade. 7. The applicant provided copies of his: a. Command and General Staff College Certificate that shows his completion of the course on 23 April 1986. His OMPF contains a DA Form 1059 (Service School Academic Evaluation Report) that shows he completed the Command and General Staff Officer Course as a non-resident for the period 24 October 1982 to 23 April 1986. b. U.S. Army War College Certificate that shows his completion of the course on 25 July 1997. His OMPF contains a DA Form 1059-2 (Senior Service College Academic Evaluation Report), dated 25 July 1997, that shows he completed the course during the period 1 July 1995 through 25 July 1997. 8. His records are void of any evidence he was on active duty during the period 24 October 1982 through 25 July 1997. 9. He was ordered to active duty during the period 21 April 2003 to 20 April 2004 in support of Operation Noble Eagle. 10. He provided copies of: a. Headquarters, 90th Regional Readiness Command, Orders 06-326-00009, dated 22 November 2006, which shows he was reassigned to the Retired Reserve effective 1 December 2006, b. 90th Regional Readiness Command letter, dated 29 November 2006, congratulating him on his retirement from the U.S. Army Reserve, c. his DA Form 638, dated 30 November 2006, awarding him the Legion of Merit for the period of service 1 February 1997 to 31 January 2007, d. his Legion of Merit Certificate for the period 1 February 1997 to 31 January 2007, e. a photograph of himself wearing the Legion of Merit medal affixed to his U.S. Army uniform, f. Headquarters, 90th Regional Readiness Command, Orders 06-343-00002, dated 9 December 2006, which shows amendment of Order 06-326-00009, dated 22 November 2006, that changed his effective date of retirement to 22 January 2007, g. U.S. Army Human Resources Command, Orders P12-692924, dated 21 December 2006, which shows he was placed on the Retired Reserve list effective 21 January 2007, h. U.S. Army Human Resources Command, Chronological Statement of Retirement Points, dated 28 December 2006, that shows his active duty service after his DD Form 214 for the period ending 20 April 2004 – * for the period 12 August 2004 to 11 August 2005, 56 active duty points * for the period 12 August 2005 to 11 August 2006, 27 active duty points * for the period 12 August 2006 to 30 November 2006, 5 active duty points * for the period 1 December 2006 to 1 December 2006, 0 active duty points * for the period 2 December 2006 to 2 December 2006, 0 active duty points i. his DD 363A Form (Certificate of Retirement) which shows he was retired from the United States Army on 21 January 2007. 11. On 10 October 2018, he submitted an earlier application in which he requested correction of his DD Form 214 (ending 20 April 2004) to show his award of the Legion of Merit. His case was administratively closed and he was asked to provide a DD Form 214 issued after or during the award period of his Legion of Merit, 1 February 1997 to 31 January 2007. 12. His records are void of and he failed to provide any evidence he was issued a DD Form 214 during or after the award period of his Legion of Merit. His records show his last DD Form 214 was issued on 20 April 2004. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief, other than the administrative notes provided below. 2. The Board noted that the instructions for completing block 14 of the DD Form 214 state to enter courses completed during the period covered by the DD Form 214. In this case, the applicant did not complete Command and General Staff College or the U.S. Army War College during a period of active duty service covered by a DD Form 214. The Board agreed that the courses are properly documented in his record, and there is no basis for adding them to a DD Form 214. 3. The Board also noted that his Legion of Merit is properly documented in his record. Because he received this award more than 2 years after his period of active duty that ended in 2004, the Board agreed there is no basis for adding the award to a DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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. ADMINISTRATIVE NOTE(S): Review of the applicant's Interactive Personnel Electronic Records Management System (IPERMS) shows that his DD Form 214 for the period ending 20 April 2004 was not filed in his OMPF. His DD Form 214 for the period ending 20 April 2004 should be filed in his OMPF. ? 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. Instructions state, in part, a DD Form 214 will be prepared for: a. Reserve Component Soldiers completing 90 days or more of continuous active duty. For example, such periods may consist of active duty operational support, contingency operations- active duty operational support, active duty operational support-Reserve Component, Active Guard Reserve, or full-time National Guard duty for operational support. b. Reserve Component Soldiers separated for cause or physical disability regardless of the length of time served on active duty. c. Recalled retirees on active duty reverting to retired status regardless of the period of active duty service. d. Army National Guard United States and United States Army Reserve Soldiers mobilized under Title 10 USC 12301(a), section 12302, or section 12304 and Army National Guard Soldiers called into Federal service under Title 10 USC, section 15 or Title 10 USC, section 12406, regardless of length of mobilization, when transitioned from active duty. Soldiers who report to a mobilization station and are found unqualified for active duty within the first 30 days will be excluded from this provision. They will receive a DD Form 220 (Active Duty Report). e. Reserve Component Soldiers completing active duty that results in the award of a military occupational specialty, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of Army National Guard United States Alternate Training Program or United States Army Reserve Split Training Program. g. Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), to list all federally recognized awards and decorations for all periods of service. h. Block 14 (Military Education), to list all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. (1) As an exception to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses. Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. (2) Acceptable source documents include the enlisted record brief, DA Form 4037 (Officer Record Brief), DA Form 1059, or other military issued certificate of completion with from and through dates or number of weeks. (3) Prepare a DD Form 215 (Correction to DD Form 214) in response to a request for a Soldier or veteran to correct a previously issued Army DD Form 214. Requests should contain a copy of the DD Form 214 in question and source documents that substantiate the request to change the DD Form 214. Such source documents may include a final decision from the ABCMR or Army Discharge Review Board directing the change. A new DD Form 214 is only issued when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215. ABCMR Record of Proceedings (cont) AR20180016229 3 1