IN THE CASE OF: BOARD DATE: 13 July 2022 DOCKET NUMBER: AR20210015945 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty, for the period ending on 15 August 1995 to show: * Meritorious Service Medal, awarded in April 2013 * Lone Star Distinguished Service Medal, awarded in June 2013 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, 28 April 1981 to 15 August 1995 * DA Form 638 (Recommendation for Award) and Certificate for the Meritorious Service Medal, 20 April 2013 * Age 60 Retirement Order, 26 August 2020 * Form 67 (Recommendation for Award), order, and Certificate for the Lone Star Distinguished Service Medal, awarded in June 2013 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 his unit did not forward these awards for issuance of a DD Form 215 (Correction to DD Form 214). 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 18 April 1981 and held military occupational specialty 13B (Cannon Crewmember). b. He served through multiple extensions or reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of sergeant/E-5. c. He was honorably discharged from active duty on 15 August 1995. His DD Form 214 shows he was awarded or authorized: * Army Lapel Button * Army Commendation Medal * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon d. He enlisted in the Texas Army National Guard (TXARNG) on 16 August 1995. He served through multiple extensions and he attained the rank/grade of sergeant first class (SFC)/E-7. e. On 1 April 2003, TXARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). f. On 10 June 2013, TXARNG separated him from the ARNG transferred him to the Retired Reserve. g. He applied for retired pay at age 60. Accordingly, on 26 August 2020, U.S. Army Human Resources Command issued orders placing him on the retired list in his retired grade of SFC/E-7 on his birthday in November 2020. 4. He provides: a. DA Form 638 (Recommendation for Award), approved on 21 April 2013 together with a Certificate, reflecting Permanent Order Number 110-03 awarding him the Meritorious Service Medal for service from June 2003 to February 2013 [Long after his DD Form 214 had been issued]. b. Texas Form 67 (Recommendation for Award) and certificate, together with Permanent Order 158-04 awarding him a state award, the Lone Star Distinguished Service Medal, for service from 3 September 1995 to 10 June 2013. 5. By regulation (AR 635-8), the DD Form 214 is a record of continuous active service and reflects the facts and circumstances at the time of separation. Block 13 shows awards and decorations. State awards are not authorized. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The Army has an interest in maintaining the integrity of its records for historical purposes. Upon review of the applicant’s petition and available military records, the Board agreed the information in those records must reflect the conditions and circumstances that existed at the time the records were created. Evidence shows the applicant was awarded the Meritorious Service Medal for service from June 2003 to February 2013, which was post his active-duty service period. Based on regulatory guidance state awards are not authorized on the DD Form 214. Therefore, the Board denied relief. 2. The Board noted that the governing regulation provides that the DD Form 214 is a record of continuous active service and reflects the facts and circumstances at the time of separation. For that reason, the Board denied the requested relief. 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. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents) provides for the processing separation documents and the DD Form 214. 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 dis-charge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. For 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 DD Form 214. State awards and decorations will be entered on NGB Form 22 (National Guard Report of Separation and Record of Service) upon separation from the ARNG. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015945 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1