AR20150009756

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20150009756

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

___x_____ ___x_____ __x___ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20150009756

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 amending her DDForm214 by deleting the Army Achievement Medal (4thAward) and adding the Army Achievement Medal (5thAward).

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 Army Achievement Medal (6thAward) and her inactive service in the U.S. Army Reserve.

___________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.

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20150009756

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of her DDForm214 (Certificate of Release or Discharge from Active Duty) for the period ending 26October 2012 to show:

* her inactive service in the U.S. Army Reserve (USAR) from November 2012 to May 2014
* the Army Achievement Medal (6thAward) vice Army Achievement Medal (4thAward)

2. The applicant states she had additional USAR service and awards that were accrued after her DDForm214 was issued.

3. The applicant provides:

* her DDForm214
* orders
* six award certificates
* DAForm5691-R (Request for Reserve Component Assignment Orders)
* DAForm3540-R (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment)
* DAForm5435-R (Statement of Understanding – The Selected Reserve Montgomery GI Bill)

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant enlisted in the Regular Army on 26May 2006 and was promoted to the rank/grade of specialist (SPC)/E-4 on 26May 2008. She was assigned to the 2ndChemical Battalion, FortHood, TX.

3. The applicant provides certificates showing Permanent Orders (PO) awarded her the Army Achievement Medal for the periods:

* 25March – 19April 2007
* 10February – 23November 2008
* 2November 2006 – 16March 2009
* 19 – 22March 2012

4. She provides a DAForm5691-R, dated 26September 2012, wherein it shows she enlisted in the 369thChemical Company, USAR, Waco, TX, on that date effective upon her release from active duty.

5. She was honorably released from active duty on 26October 2012 and was transferred to the 369thChemical Company, USAR. The DDForm214 she was issued shows, in part, award of the Army Achievement Medal (4thAward). It does not reflect any prior inactive service.

6. She also provides:

a. A certificate, dated 31October 2012, wherein it shows PO297-01, dated 23October 2012, issued by the 2ndChemical Battalion, FortHood, awarded her the Army Achievement Medal for the period 26May 2006 – 26October 2012.

b. A certificate, dated 26June 2013, wherein it shows PO207-038, issued by the 450thChemical Battalion, Houston, TX, awarded her the Army Achievement Medal for the period 13- 27June 2013.

7. On 9May 2014, she was honorably discharged from the USAR.

REFERENCES:

Army Regulation 635-5 (Separation Documents) then in effect 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 DDForm214. It states the DDForm214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION:

1. The applicant provided evidence that shows PO awarded her the Army Achievement Medal (5thAward) during her active duty service while her DDForm214 for the period ending 26October 2012 only shows the Army Achievement Medal (4thAward).

2. With respect to the Army Achievement Medal for the period 13- 27June 2013, this award was awarded after her release from active duty and for a period after her active service. The DDForm214 is a synopsis of the Soldier’s record of active Army service at the time of release from active duty. There are no provisions for adding awards to the DDForm214 which were awarded for service after the Soldier was released from active duty.

3. With respect to her dates of service in the USAR, the DDForm214 is a synopsis of the Soldier’s most recent period of continuous active. There are no provisions to add to the DDForm 214 inactive service that was completed after the Soldier was released from active duty.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009756

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009756

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2