RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 February 2008 DOCKET NUMBER: AR20070013314 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Michael J. Fowler Analyst The following members, a quorum, were present: Mr. Richard T. Dunbar Chairperson Ms. Marla J. N. Troup Member Mr. David R. Gallagher Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 11 February 1966 to show award of the Meritorious Service Medal. 2. The applicant states, in effect, that he received the above award after he was no longer in the Active Reserve. 3. The applicant provides his DD Form 214 with the ending period 11 February 1966; Headquarters, 88th Regional Support Command Permanent Order Number 96A-271-07, dated 27 September 1996; page 1 of his DA Form 2-1 (Personnel Qualification Record – Part II); and a Meritorious Service Medal certificate, dated 24 September 1996. CONSIDERATION OF EVIDENCE: 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 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 had prior service in the U.S. Naval Reserve. He enlisted in the U.S. Navy on 14 July 1961. His DD Form 214 with the period ending 11 February 1966 shows that he was honorably released from active duty and transferred to the U.S. Naval Reserve on 11 February 1966. After a break in service, the applicant enlisted in the U.S. Army Reserve on 27 February 1981. On 15 September 1996, he was placed in the Retired Reserve. 3. Headquarters, 88th Regional Support Command Permanent Order Number 96A-271-07, dated 27 September 1996, shows that the applicant was awarded the Meritorious Service Medal. 4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states that the DD Form 214 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 AND CONCLUSIONS: The applicant was awarded the Meritorious Service Medal, but it was for service outside the period covered by the DD Form 214. Therefore, it is not authorized to be entered on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __RDT __ __MJNT ___DRG DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____Richard T. Dunbar _ CHAIRPERSON INDEX CASE ID AR20070013314 SUFFIX RECON DATE BOARDED 28 FEBRUARY 2008 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY MS. MITRANO ISSUES 1. 107.0017.0000 2. 3. 4. 5. 6.