| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. Eric N. Andersen | Member | |
| Mr. Thomas E. O’shaughnessy | Member |
APPLICANT REQUESTS: That his records be corrected to reflect award of the Meritorious Service Medal. He submits no evidence in support of his request.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He served an initial period of active duty as a member of the Marine Corps between 1958 and 1962. In 1965 he returned to active duty as an enlisted soldier and served until 1970 when he was discharged for the purpose of accepting a commission as an Army Reserve officer. He served on active duty as an officer until 31 August 1981 when was he was retired by reason of length of service.
His DD Form 214 (Certificate of Release or Discharge from Active Duty), which he authenticated, does not reflect entitlement to the Meritorious Service Medal.
Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to a member of the Armed Forces of the United States or of a friendly foreign nation who distinguishes themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
There is no indication in the applicant's military personnel file that he was ever awarded a Meritorious Service Medal and the applicant has provided no evidence which confirms entitlement to the award.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 31 August 1981, the date the applicant was retired by reason of length of service and authenticated his separation document. The time for the applicant to file a request for correction of any error or injustice expired on 31 August 1984.
The application is dated 31 July 2001 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__RVO__ __ENA __ __TEO__ CONCUR WITH DETERMINATION
| CASE ID | AR2001061338 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010927 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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