BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120008422 


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 or Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM).

2.  The applicant states he was awarded the MSM for his service to his country and it is only fair and right for it to be reflected on his DD Form 214.  He cannot request the MSM medal set because the MSM is not listed on his DD Form 214.

3.  The applicant provides:

* DA Form 4980-12 (MSM Certificate)
* DD Form 214
* DD Form 256A (Honorable Discharge Certificate)

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's military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT/O-1) and entered active duty on 2 June 1969.  He was initially trained in and served in area of concentration "1203" (Unit Tank Commander).

3.  On 8 October 1980, he was honorably discharged from active duty in the rank of captain/O-3.  He completed 11 years, 4 months, and 7 days of creditable active duty service.  The MSM is not included among the list of awards shown on his DD Form 214.

4.  His military records do not contain any orders or documents to show he was ever recommended for or awarded the MSM.

5.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates that all awards and decorations for all periods of service will be entered on the DD Form 214.  Each entry will be verified by the Soldier's records

DISCUSSION AND CONCLUSIONS:

1.   There is no evidence of record substantiating that the applicant was awarded the MSM.  The MSM Certificate provided by the applicant is insufficient in and of itself in that it does not reflect the orders awarding the medal.  Further, orders awarding the medal are not in his official military records.  Therefore, his DD Form 214 should not be corrected to show this award.

2.  However, should the applicant have or be able to obtain a copy of the orders awarding him the MSM, he may submit another application for consideration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X_____  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20120008422



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ABCMR Record of Proceedings (cont)                                         AR20120008422



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