IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120011195 


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) be added to his DA Form 2-1 (Personnel Qualification Record).

2.  The applicant states his DA Form 2-1 does not indicate receipt of the MSM.

3.  The applicant provides:

* Orders for the MSM
* DA Form 638-1 (Recommendation for Award of LM (Legion of Merit) and Below)
* Reassignment orders
* Revocation orders

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 was commissioned a second lieutenant in the U.S. Army Reserve (USAR) on 3 June 1965.  He served on active duty from 4 July 1965 to 3 July 1967 and was transferred to the USAR.  He was promoted to lieutenant colonel on 15 August 1980.     

3.  Orders, dated 13 September 1990, show he received the MSM for outstanding meritorious service during the period 3 February 1986 to 
11 September 1990.

4.  He was assigned to the Retired Reserve effective 15 March 1993 in the rank of lieutenant colonel.

5.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 does not show entitlement to the MSM. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants the MSM added to his DA Form 2-1. 

2.  The DA Form 2-1 is normally maintained for Soldiers in an active status.  However, as an exception to policy, the MSM will be added (pen and ink correction) to the applicant's DA Form 2-1.  A copy of the DA Form 2-1 will be provided to him.

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:

	a.  adding the MSM (pen and ink correction) to item 9 of his DA Form 2-1; and

	b.  providing a copy of the amended DA Form 2-1 to the applicant.



      _______ _   __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)                                         AR20120011195





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ABCMR Record of Proceedings (cont)                                         AR20120011195



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