IN THE CASE OF:	   

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20140020925 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (ARCOM) and Meritorious Service Medal (MSM).

2.  The applicant states she was awarded the ARCOM at her promotion to E-3 and the MSM at her promotion to E-4 while serving at Walter Reed Army Medical Center as the clerk in the Department of Nursing, but they are not listed on her DD Form 214.

3.  The applicant provides her 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's military records are not available for review.  The National Personnel Records Center search failed to locate her service records.  Her request is being considered based on the DD Form 214 she provided.

3.  Her DD Form 214 shows she enlisted in the Regular Army on 25 August 1983 and trained as an administrative specialist.  She was honorably released from active duty for expiration term of service and under the Fiscal Year 1986 Early Release Program on 24 June 1986.  Her rank is shown as specialist four/E-4 effective 1 November 1984.

4.  Her DD Form 214 does not show the MSM or ARCOM as authorized awards.

5.  She did not provide copies of certificates or orders awarding her the MSM or ARCOM.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The ARCOM 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends she was awarded the MSM and ARCOM, there is no evidence of record and she provided no evidence to support this contention.

2.  Since there are no available orders awarding her the MSM and ARCOM, there is insufficient evidence on which to base adding these awards to her DD Form 214 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 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)                                         AR20140020925



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ABCMR Record of Proceedings (cont)                                         AR20140020925



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