ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE: 28 July 2021 DOCKET NUMBER: AR20210007690 
APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on1 April 2005, to show his award of the Meritorious Service Medal (MSM), with 1st Oak Leaf Cluster (OLC) and Legion of Merit (LOM). 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record) . DD Form 214 . Orders Number C-05-908728 and C-06-108501 . two DA Forms 638 (Recommendation for Award) . Permanent Order (PO) Number 312-010 . MSM and LOM certificates 
FACTS: 
1. 
The applicant did not file within the three-year time frame provided in Title 10, United States 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: 


a. 
He is requesting the Board add the two honorary individual awards for which he has provided documentation to his Official Military Personnel File (OMPF) and issue a corrected DD Form 214 or equivalent official document. His last DD Form 214, for the period ending on 1 April 2005, does not contain either award. He is requesting his DD Form 214 and OMPF be amended to correct this omission. 

b. 
The units to which he was assigned approved these individual awards after he departed the unit (reassigned on 4 May 2009 and MSM approved on 11 March 2011) or after his retirement (retired on 9 June 2011 and LOM approved on 8 November 2018). He is unable to confirm if either award is in his OMPF. When he last reviewed his file, neither award appeared to be there. He was assigned in 2009 and the 412th Engineer 


Command awarded him the MSM about 2 years later in 2011. He retired in 2011 and the LOM was awarded in 2018 after the staff lost the award packet four times between 2011 and 2015. The staff of the unit to which he was assigned approved the awards, yet their untimeliness for approval was beyond his control making the omission from his permanent record in error and unjust. His permanent record should include all of his awards. 
c. Both awards came well after his last DD Form 214 in 2005, so he has no single official document to provide the Department of Veterans Affairs (VA) upon his death that includes all of his authorized awards. A local funeral director advised the DD Form 214 must list these awards for inclusion on a VA-provided headstone should he choose to pursue that benefit. He learned of both awards in 2018, well after his retirement. The U.S. Army Human Resources Command approved the LOM in 2018 and he received the orders and MSM certificate in 2018. Since 2018, he has moved twice thus further delaying him submitting this request and he requests the Board excuse the delays. 
3. The applicant provides his: 
. DD Form 214, for the period from 12 July 2004 to 1 April 2005, which does 
not list the MSM, with 1st OLC and LOM . Orders Number C-05-908728, dated 4 May 2009 . DA Form 638, dated 30 November 2010, recommending him for award of 
MSM with 1st OLC, for the period from 7 October 2000 to 3 May 2007 . MSM Certificate, dated 3 March 2011 . Orders Number C-06-108501, dated 9 June 2011, reassigning him to the 
Retired Reserve, effective the same date . undated DA Form 638, recommending him for award of the LOM, for the period from 10 June 2001 to 9 June 2011 . PO Number 312-010, dated 8 November 2018, announcing his award of the LOM . LOM Certificate, dated 8 November 2018 
4. Review of the applicant’s service records show: 
a. 
Having prior enlisted service, he was appointed in the U.S. Army Reserve (USAR), Engineer Branch, as a first lieutenant, on 13 May 1983. 

b. 
On 12 June 2002, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), wherein he was advised of the completion of required years of qualifying service for retired pay. 

c. 
Orders Number M-035-006, dated 4 February 2003, ordered him to active duty for mobilization for Operation Enduring Freedom for 365 days, with a report date 6 February 2003. 

d. 
He entered active duty, in the rank of lieutenant colonel, on 12 July 2004. He served in Iraq from 16 July 2004 to 1 March 2005. He was honorably released from active duty on 1 April 2005 and was transferred to a Reserve unit. His DD Form 214 shows he completed 8 months and 20 days of net active service, including 7 months and 17 days of foreign service. This form also shows he was awarded/authorized the following: 


. Meritorious Service Medal (2nd Award) . Joint Service Commendation Medal . Army Commendation Medal . Army Achievement Medal (2nd Award) . Army Reserve Component Achievement Medal (4th Award) . National Defense Service Medal (2nd Award) . Armed Forces Expeditionary Medal (2nd Award) . Kosovo Campaign Medal . Global War on Terrorism Expeditionary Medal . Global War on Terrorism Service Medal . Humanitarian Service Medal . Armed Forces Service Medal . North Atlantic Treaty Organization Medal . Armed Forces Reserve Medal with M Device (4th Award) . Army Service Ribbon . Army Lapel Button . Parachutist Badge . Air Assault Badge 
e. 
Orders Number C-05-908728, dated 4 May 2009, reassigned him to Headquarters, U.S. Army Corps of Engineers, effective the same date. 

f. 
A DA Form 638, dated 30 November 2010, shows he was recommended for award of the MSM with 1st OLC, for exceptionally meritorious service with the 412th Theater Engineer Command, for the period from 7 January 2000 to 3 May 2007. On 11 March 2011, the award was approved by PO Number 140-08 and a MSM certificate was issued. 

g. 
Orders Number C-06-108501, dated 9 June 2011, reassigned him to the Retired Reserve, for completion of the maximum authorized years of service, effective the same date. 

h. 
An undated DA Form 638, shows he was recommended for award of the LOM, for retirement, for period from 10 June 2010 to 9 June 2011. On 8 November 2018, the award was approved by PO Number 312-010 and a LOM certificate was issued. 


5. By regulation Army Regulation 635-5 (Separation Documents), instructions for completing the DD Form 214 states block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) will list all awards and decorations awarded for all periods of service. 
BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board determined relief was not warranted. The Board considered the applicant's statement, his record of service, the dates of his active duty service and the dates of the requested awards.   
Based upon the available documentation showing the applicant’s last period of active duty service ended on 1 April 2005, and the dates that the requested awards were awarded and received 11 March 2011 (MSM) and 8 November 2018 (LOM), which is during his USAR service and not while he served on active duty. Based on a preponderance of evidence, the Bord determined that the absence of the requested awards on a DD Form 214 was not in error or unjust. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
: : : GRANT FULL RELIEF 
: : : GRANT PARTIAL RELIEF 
: : : GRANT FORMAL HEARING 
:XXX :XXX :XX 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. 
X 
CHAIRPERSON 
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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 

2. 
Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) would list all awarded and decorations for all periods of service. 

3. 
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. 


//NOTHING FOLLOWS//