IN THE CASE OF: BOARD DATE: 11 DECEMBER 2008 DOCKET NUMBER: AR20080015324 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 that his DD Form 214 be corrected to reflect his two awards of the Meritorious Service Medal (MSM) (MSM with 1 Oak Leaf Cluster). 2. The applicant states that he was reviewing his records and discovered that his two awards of the MSM were omitted from his DD Form 214 at the time of his retirement. 3. The applicant provides a copy of orders awarding him the MSM for the period of 13 February 1978 to 30 April 1980 and a copy of an MSM certificate awarding him the MSM for the period of 1 February 1973 to 31 January 1983. 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 enlisted in the Regular Army on 7 December 1956 and served until he was honorably released from active duty on 4 December 1959 and was transferred to the United States Army Reserve (USAR) to complete his statutory service obligation. 3. On 31 December 1962, he again enlisted in the Regular Army and remained on active duty through a series of continuous reenlistments. He was promoted to the rank of sergeant major on 30 October 1978 while serving with the 10th Special Forces Group at Fort Devens, Massachusetts. 4. On 11 January 1982, he was appointed as the Command Sergeant Major of the 2nd Battalion, 10th Special Forces Group, and remained there until he was honorably released from active duty (REFRAD) on 31 January 1983 and was transferred to the Retired List effective 1 February 1983. He had served 23 years and 29 days of total active service. The DD Form 214 issued at the time of his REFRAD does not reflect any awards of the MSM. 5. A review of the applicant's official records fails to reveal the applicant's last award of the MSM which was awarded for a 10-year period ending on the date prior to his placement on the Retired List. It is also noted that the applicant departed on terminal leave on 16 December 1982 and that his last award of the MSM was approved on 4 January 1983. 6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION AND CONCLUSIONS: 1. Although the applicant has not provided a copy of orders for his second award of the MSM, he has provided an MSM certificate which clearly indicates that his last award of the MSM was a retirement award covering the last 10 years of his military service which is a common practice throughout the Army and is in accordance with applicable Army Regulations. 2. Accordingly, there is no reason to doubt the authenticity of the MSM certificate because of the absence of orders and given the applicant's many years of distinguished service to his country. 3. Therefore, it would be appropriate at this time to correct his DD Form 214 dated 31 January 1983 to reflect his award of the MSM with 1 Oak Leaf Cluster. BOARD VOTE: ___X_____ __X______ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 showing his award of the MSM with 1 Oak Leaf Cluster. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _________XXX________________ 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. ABCMR Record of Proceedings (cont) AR20080015324 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080015324 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1