IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140021313 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

	a.  his date of birth (DOB) as XX May 1946 instead of XX March 1946 and

	b.  award of the Meritorious Service Medal (MSM).

2.  The applicant states:

* his DOB is XX May 1946
* the MSM was processed after his discharge and doesn't appear on his DD Form 214

3.  The applicant provides:

* certificate of birth
* Michigan driver's license
* Headquarters, First U.S. Army, General Orders Number 248, dated 1 July 1971
* 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 was inducted into the Army of the United States on 17 June 1969.  His DD Form 47 (Record of Induction) shows his DOB as XX May 1946.

3.  He provided Headquarters, First U.S. Army General Orders Number 248, dated 1 July 1971, which show he was awarded the Army Commendation Medal (ARCOM) in section IV (Award of the ARCOM).  The MSM was awarded to Soldiers listed in sections I, II, and III of these orders.

4.  On 22 March 1971, he was honorably released from active duty.

5.  Item 9 (DOB) of his DD Form 214 shows his DOB as XX March 1946.

6.  His DD Form 214 shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Army Good Conduct Medal

7.  He provided a copy of his birth certificate which shows his DOB as XX May 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on XX May 1946 and his DD Form 47 supports his contention.  Based on the foregoing evidence, it would be appropriate to correct his DD Form 214 to show his DOB as XX May 1946 instead of XX March 1946.

2.  Although the applicant contends he was awarded the MSM, the orders he provided in support of this claim (Headquarters, First U.S. Army General Orders Number 248, dated 1 July 1971) show he was awarded the ARCOM.  Therefore, his DD Form 214 should be corrected to show award of the ARCOM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the current DOB entry in item 9 of his DD Form 214 and replacing it with the entry "XX MAY 46" as listed on his DD Form 47 and

	b.  adding award of the ARCOM to his DD Form 214.
 
2.  The Board further determined 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 award of the MSM to his DD Form 214.



      ___________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)                                         AR20140021313



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ABCMR Record of Proceedings (cont)                                         AR20140021313



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