BOARD DATE:  21 August 2014

		DOCKET NUMBER:  AR20140001183 


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 he was awarded the Meritorious Service Medal.

2.  He states that he was awarded the Meritorious Service Medal in May 1992 at Fort Sill, OK.  He does not have copies of the award orders.  He had an outstanding career and now needs assistance in getting the award posted to his records.  His former platoon leader and company commander were supposed to write letters of support for him, but he has not yet received them.  He provides their names and phone numbers and asks the Board to call them.

3.  He provides a photograph of himself.

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.  After having had prior service, the applicant enlisted in the Regular Army in 1977.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) does not list the Meritorious Service Medal among his authorized awards.

4.  He retired as a sergeant first class effective 31 May 1992.  His DD Form 214 does not list the Meritorious Service Medal among his authorized awards.

5.  His record is void of any orders showing he was awarded the Meritorious Service Medal.

6.  Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  Army Regulation 15-185 provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record.  In pertinent part, it states the Board will decide cases on the evidence of record.  It is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the applicant’s record is void of any orders showing he was awarded the Meritorious Service Medal.  

2.  As this Board is not an investigative agency, there is an insufficient evidentiary basis for granting the applicant's requested relief at this time.



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 that 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)                                         AR20110014400



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ABCMR Record of Proceedings (cont)                                         AR20140001183



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