IN THE CASE OF: BOARD DATE: 7 February 2023 DOCKET NUMBER: AR20220006898 APPLICANT REQUESTS: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1993 to show in: * item 4a (Grade, Rate, or Rank) – First Sergeant (1SG) and item 4b (Pay Grade) – E-8 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –Legion of Merit and U.S. Army Gold Recruiter Badge with Sapphire Achievement Star b. a personal appearance hearing before the Board via video/telephone. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Headquarters, U.S. Army Recruiting Command, Memorandum (Announcement of Recruiter Incentive Award), 3 February 1986 * Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Orders 131-33, 9 July 1992 * DD Form 214 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: a. He retired from the military in the rank of 1SG and he would like his DD Form 214 to reflect that. His DD Form 214 shows award of the U.S. Army Recruiter Badge with three Gold Achievement Stars but should show award of the U.S. Army Gold Recruiter Badge with Sapphire Achievement Star. b. He was awarded the Legion of Merit approximately 2 months after his retirement and the award was not included on his DD Form 214. His award transmittal letter was lost in the 1998 floods in c. He noticed these omissions on his DD Form 214 a year after his retirement but he didn't concern himself; however, his wife asked him to renew their wedding vows wearing his uniform like their original wedding 50 years ago. He would like his dress blues to be correct. This is very important to her and him. 3. The Headquarters, U.S. Army Recruiting Command, memorandum (Announcement of Recruiter Incentive Award), 3 February 1986, awarded him the U.S. Army Recruiter Badge with Sapphire Achievement Star for the period 1 April 1985 to 31 October 1985. 4. Headquarters, U.S. Army, Berlin, Permanent Orders 173-PA-003, 6 December 1989, awarded him the Meritorious Service Medal with 4th Oak Leaf Cluster for the period 15 June 1986 through 15 December 1989. 5. Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Orders 112-101, 11 June 1990, laterally appointed him to the rank of 1SG effective 12 November 1987. 6. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to the Albuquerque Military Entrance Processing Station as a 1SG effective 21 January 1990. 7. Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Orders 131-33, 9 July 1992, released him from active duty in the rank of master sergeant effective 30 June 1993 and placed him on the Retired List on the date following date. His retired rank/grade is shown as 1SG/E-8. 8. He retired on 30 June 1993. His DD Form 214 shows in: * item 4a – Master Sergeant * item 4b – E-8 * item 8a (Last Duty Assignment and Major Command) – Military Entrance Processing Station Albuquerque Recruiting Company * item 13 – no Legion of Merit or U.S. Army Gold Recruiter Badge with Sapphire Achievement Star? 9. His Certificate of Retirement, 1 July 1993, shows his rank as 1SG. 10. His records contain no evidence showing he was awarded the Legion of Merit or evidence of a retirement award. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. a. The Board note that the applicant was awarded U.S. Army Recruiter Badge with Sapphire Achievement Star for the period 1 April 1985 to 31 October 1985 and Meritorious Service Medal with 4th Oak Leaf Cluster for the period 15 June 1986 through 15 December 1989. b. The Board noted that the applicant’s records contain no evidence showing he was awarded the Legion of Merit. For personal decorations, which includes the Legion of Merit, a recommendation, approval through the chain of command, and announcement in orders are required. c. In order to be placed on the Retired List as a 1SG the applicant would have to have completed the prescribed 1SG Course, have been awarded SQI "M," and have served as a 1SG in pay grade E-8. The applicant meets these criteria and that is why his retirement orders listed his retired grade as 1SG. d. However, at the time of his retirement, he was not performing duties of 1SG. Items 4a and 4b of the DD Form 214 show the active duty rank and pay grade at time of the Soldier's separation. He was performing the duties of and held the rank of MSG, not 1SG, on his last day of active duty. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. His DD Form 214 correctly reflects his rank and grade and contains no errors. Therefore, the Board found no basis for granting the applicant's requested relief. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending 30 June 1993 the Meritorious Service Medal (5th Award) and U.S. Army Gold Recruiter Badge with Sapphire Achievement Star. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Legion of Merit and to showing the rank of 1SG on his DD Form 214. 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents), effective 1 October 1979, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The specific instructions for items 4a and 4b stated to enter the active duty grade of rank and pay grade at the time of separation. b. The specific instructions for item 13 stated these entries were self-explanatory. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006898 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1