BOARD DATE: 10 February 2011 DOCKET NUMBER: AR20100020302 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 the Meritorious Service Medal (MSM) and "Gold Recruiting Ring" be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant provides no explanation. 3. The applicant provides: * DA Form 638 (Recommendation for Award) * Orders for the MSM * DD Form 214 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 23 January 1979 and trained as an x-ray specialist. On 31 January 1999, he retired in the rank of staff sergeant. 3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the MSM or "Gold Recruiting Ring." Item 13 does show, among other awards, the U.S. Army Gold Recruiter Badge with 3 sapphire achievement stars and U.S. Army Basic Recruiter Badge with 3 gold achievement stars. 4. Headquarters, U.S. Army Recruiting Command Permanent Order 323-12, dated 19 November 1998, show he received the MSM for meritorious service for the period 1 February 1989 to 31 January 1999. 5. In support of his claim, he provided a DA Form 638 for the MSM which states, in pertinent part, "His efforts led him to be awarded the coveted recruiter ring after only 24 months on recruiting duty." 6. Army Regulation 600-8-22 (Military Awards) does not show the "Gold Recruiting Ring" as an authorized award. 7. Information obtained from an internet website (Flickr from Yahoo) states the Army Recruiter Ring is the highest achievement award for recruiting excellence offered by the United States Army Recruiting Command. 8. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. . DISCUSSION AND CONCLUSIONS: 1. Orders show he received the MSM; therefore, his DD Form 214 should be corrected to show this medal. 2. Since the governing awards regulation does not show the "Gold Recruiting Ring" as an authorized award, there is no basis for granting his request to add this ring to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __x____ ___x_____ ____x___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the MSM to his DD Form 214. 2. The Board further determined that 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 adding the "Gold Recruiting Ring" to his DD Form 214. _______ _ 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. ABCMR Record of Proceedings (cont) AR20100020302 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100020302 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1