IN THE CASE OF:	  

		BOARD DATE:	        16 April 2009

		DOCKET NUMBER:  AR20080017302 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a third award of the Meritorious Service Medal.

2.  The applicant states that award is not listed on his DD Form 214.

3.  The applicant provides a copy of a DA Form 638 (Recommendation for Award) and a certificate, dated 8 March 2005, showing award of the Meritorious Service Medal (2nd Oak Leaf Cluster) in support of his request.

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 is a retired first sergeant (1SG) who enlisted in the Regular Army on 6 March 1979 and completed over 26 years of active service as a health care specialist before he was honorably separated and placed on the retired list in his retired grade of 1SG on 1 April 2005.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows two awards of the Meritorious Service Medal.  

4.  Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA, Permanent Orders 43-5, dated 11 February 2002, show the applicant was awarded his first award of the Meritorious Service Medal for exceptionally meritorious service from 30 December 1995 to 20 May 2002, on 11 February 2002. 

5.  Headquarters, Eighth U.S. Army Permanent Orders Number 121-1, dated 1 May 2003, show the applicant was awarded his second award of the Meritorious Service Medal for exceptionally meritorious service from 20 May 2002 to 19 May 2003, on 1 May 2003.

6.  Headquarters, Southeast Regional Medical Command, Fort Gordon, GA, Permanent Orders 067-01, dated 8 March 2005, show the applicant was awarded the Meritorious Service Medal (2nd Oak Leaf Cluster) for outstanding meritorious service from 25 February 1995 to 31 March 2005.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was awarded three awards of the Meritorious Service Medal, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show three awards of the Meritorious Service Medal.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 deleting the entry "Meritorious Service Medal (2nd Award)" from the applicant's DD Form 214 and adding the entry "Meritorious Service Medal (3rd Award)."  



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      _______ _   _______   ___
               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)                                         AR20080017302



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ABCMR Record of Proceedings (cont)                                         AR20080017302



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