IN THE CASE OF: BOARD DATE: 22 September 2021 DOCKET NUMBER: AR20210008204 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 July 2011 to show: * Additional Skill Identifier (ASI) 2S (Battle Staff Operations) * Army Commendation Medal, 20 June 2017 * Army Commendation Medal, 20 May 2019 * Legion of Merit, 10 December 2019 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * DA Form 638 (Recommendation for Award), 20 June 2017, with Army Commendation Medal Certificate * DA Form 1059 (Service School Academic Evaluation Report), 17 April 2018 * DA Form 638, 30 May 2019, with Army Commendation Medal Certificate * DA Form 638, 10 December 2019, with Legion of Merit Certificate 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 enlisted in the Illinois Army National Guard on 10 April 1997. 3. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he was honorably discharged on 9 April 2006 by reason of expiration term of service. He completed 9 years of total service for pay. 4. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) for enlistment in the U.S. Army Reserve (USAR) is not available for review. His DA Form 5016 (Chronological Statement of Retirement Points) shows he enlisted in the USAR on or about 10 April 2006. 5. Installation Management Command and Joint Base Garrison, Joint Base Lewis- McChord, Orders LS-208-0066, 27 July 2010, ordered him to deploy with his unit (Company B, 325th Military Battalion) in support of Operation Iraqi Freedom for a period not to exceed 340 days, proceeding on or about 13 August 2010. 6. He was honorably released from active duty to the control of his USAR unit on 20 July 2011. His DD Form 214 shows he completed 1 year, 1 month, and 8 days of net active service, including 9 months and 21 days of foreign service. The remarks block shows he served in Iraq from 16 August 2010 through 6 June 2011. 7. Headquarters, 88th Regional Support Command, Orders 15-213-00037, 1 August 2015, promoted him to sergeant major/E-9 effective 1 August 2015. 8. The U.S. Army Human Resources Command memorandum (Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-Year Letter)), 11 May 2017, notified him that he had completed the required years of qualifying Reserve service and was eligible for retired pay upon application at age 60 in accordance with statutory guidance. 9. His records do not contain evidence that he served 90 days or more of continuous active duty or was mobilized under appropriate statutory guidance authorizing the issuance of another DD Form 214 after 20 July 2011. 10. His DA Form 5016 shows his status as Retired Reserve as of 2 June 2019. He completed 22 years, 1 month, and 23 days of qualifying service for retirement purposes. 11. He provided and his records contain the following documents: a. The DA Form 638, 20 June 2017, and accompanying Army Commendation Medal Certificate show he was awarded the Army Commendation Medal for meritorious service as the First Sergeant, Company A, 378th Military Intelligence Battalion, for the period 20 November 2011 to 6 December 2015. b. The DA Form 1059, 17 April 2018, shows he successfully completed the Sergeants Major Course from 1 August 2016 through 20 April 2018. The comments block further shows he completed all the requirements for the ASI 2S (Battle Staff Operations). c. The DA Form 638, 30 May 2019, and accompanying Army Commendation Medal Certificate show he was awarded the Army Commendation Medal for meritorious service as the Group Sergeant Major, 3100th Strategic Intelligence Group, for the period 12 August 2015 to 4 May 2019. d. The DA Form 638, 10 December 2019, and accompanying Legion of Merit Certificate show he was awarded the Legion of Merit for exceptionally meritorious service while serving in positions of increased responsibility for the period 31 May 2009 to 20 May 2019, culminating in a 22-year career. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record, documents provided by the applicant and regulatory guidance. Evidence in the record show the applicant completed the Sergeants Major Course with an ASI of 2S and was awarded a DA Form 1059, dated 17 April 2018 The Board determined there was sufficient evidence showing recommendations with a DA Form 638 through his chain of command to support the applicant’s claim for award of the Legion of Merit, Army Commendation and an Army Commendation with a 2nd oak leaf cluster. Based on the preponderance of evidence, the Board determined there is sufficient evidence to grant the applicant’s request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : 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 the Army records of the individual concerned be corrected by adding * In item 11 (Primary Specialty) ASI 2S * in item 14 (Military Education) Sergeants Major Course 2018 // * in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * Legion Merit * Army Commendation Medal * Army Commendation Medal 2nd OLC 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, U.S. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. a. 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. b. A DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more days of continuous active duty. A DD Form 214 will also be issued to Army National Guard (ARNG) of the United States (ARNGUS) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301, 12302, 12304, 12304a, or 12304b, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, section 12301 or Title 32, U.S. Code, section 502, regardless of the length of mobilization, when transitioned from active duty. c. It also provides detailed instructions for data required in each block of the DD Form 214. (1) Block 11 (Primary Specialty). Enter the titles of all MOSs or areas of concentration (AOCs) awarded and held for at least 1 year during the current period of service and include the number of years and months held for each MOS/AOC. For time determinations, 16 or more days’ count as a month. Do not count time in training (basic training, advanced individual training, Basic Officer Leader Course, or MOS-producing school). Primary specialty MOS or AOC is awarded by service school completion or by publication of orders awarding the MOS or AOC. (2) For an enlisted Soldier, specify the first five characters of the military occupational specialty code (MOSC), which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable. Enter "O" when not applicable. When MOSCs merge at skill level 5, or convert to another MOSC, make separate entries for the highest skill level in each MOSC held for at least 1 year. A single ASI may be listed immediately following the five-character MOSC. (3) Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized). List all federally recognized awards and decorations for all periods of service. Do not use abbreviations. Do not enter foreign or State level awards on the DD Form 214. State awards and decorations will be entered on the National Guard Bureau Form 22 (National Guard Report of Separation and Record of Service) upon separation from the ARNGUS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008204 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1