IN THE CASE OF: BOARD DATE: 11 August 2011 DOCKET NUMBER: AR20110003427 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 award of the Meritorious Service Medal be added to his DA Form 2-1 (Personnel Qualification Record - Part II) and included in his Military Personnel Records Jacket. 2. The applicant states that his records had been sent to the Army Reserve Personnel Center (ARPERCEN) prior to his Meritorious Service Medal being finalized. Because of this his unit could not make the proper entry on his DA Form 2-1. The copy of his DA Form 2-1 received from the National Personnel Records Center (NPRC) does not reflect this award and he would like to have a corrected copy of the DA Form 2-1 to reflect all of his awards. 3. The applicant provides copies of a 29 October 1957 DD Form 214 (Report of Transfer or Discharge), a 29 October 1954 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of the United States and the Army National Guard of North Carolina), a DA Form 638-1 (Recommendation for Award) for the Meritorious Service Medal, a Meritorious Service Medal Award Certificate, his retirement orders, and a DA Form 2-1. 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, a retired Army Reserve chief warrant officer four, had a career spanning over 41 years of Regular Army, Army National Guard, and U.S. Army Reserve service. 3. On 10 September 1994, his award of the Meritorious Service Medal was approved by the 120th Army Reserve Command (Permanent Orders Number 09-014). 4. The applicant was retired, effective 30 September 1994, based on attaining maximum age. 5. The applicant's official records do not include a copy of the orders for the Meritorious Service Medal. 6. The DA Form 2-1 lists his awards as the Armed Forces Reserve Medal (3rd award), Army Reserve Components Achievement Medal (5th award), Army Good Conduct Medal, Army Achievement Medal (2nd award), Army Service Ribbon, National Defense Service Medal (1), Army Commendation Medal, Senior Parachutist Badge, and the Expert Marksmanship Qualification Badge. 7. In accordance with the Memorandum of Agreement, dated November 4, 1998, the NPRC has been authorized to prepare a DA Form 1577 (Authorization for Issuance of Awards), for replacement medals for veterans, retirees, and their next of kin. DISCUSSION AND CONCLUSIONS: 1. A copy of the applicant's award of the Meritorious Service Medal should have been forwarded to ARPERCEN for inclusion in his official records. It is appropriate to correct this oversight by including a copy of the orders awarding the Meritorious Service Medal in the applicant's official records. 2. While this decisional document serves to document the applicant's award of the Meritorious Service Medal, there is no official process in place to actually correct an error and omission on a DA Form 2-1 or to reissue the form. 3. The most relevant document that could be created to list all of the applicant's awards is a DA Form 1577. This document is used by the NPRC to request/authorize issuance of replacement awards and decorations. If the applicant would like this form to be prepared, he should apply directly, on a Standard Form 180, to National Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138. Further information on this issue can be obtained at: http://www.cufon.org/CRG/memo/1865124.html. 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 Meritorious Service Medal orders to his official record. 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 Meritorious Service Medal to his DA Form 2-1. _______ _ 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) AR20110003427 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003427 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1