RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 02 SEPTEMBER 2004
DOCKET NUMBER: AR2004103605
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Walter Morrison | |Chairperson |
| |Mr. William Powers | |Member |
| |Mr. Ronald Weaver | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that her separation document be corrected to
reflect award of the Meritorious Service Medal.
2. The applicant states, in effect, that she was awarded the Meritorious
Service Medal shortly before her retirement, but it was omitted from her
separation document.
3. The applicant provides a copy of the award certificate in support of
her request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 31 October 1992. The application submitted in this case
is dated
21 January 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. Records available to the Board indicate that the applicant retired, for
length of service, on 31 October 1992.
4. On 4 September 1992 she was awarded a Meritorious Service Medal for
exceptionally meritorious service while serving in positions of increasing
responsibility between September 1982 and September 1992. Orders published
on 2 September 1992 by the United States Army Criminal Investigation
Command, and annotated on the bottom of her award certificate, confirmed
the award. The award, however, was omitted from her separation document.
5. Army Regulation 600-8-22 states that permanent award orders are an
authorized part of the Department of the Army Form 638 (Recommendation for
Award). If an award is approved, a copy of the approved award certificate
is filed in the OMPF (Official Military Personnel File). Permanent order
data will already exist on the original certificate in typed format in the
lower left-hand portion of the certificate. The Department of the Army
Form 638 will be filed in the OMPF only in instances of disapproval or
downgrade of the originally recommended award.
DISCUSSION AND CONCLUSIONS:
The award certificate, provided by the applicant, is confirmation that she
was awarded the Meritorious Service Medal and as such, the award should be
added to her separation document.
BOARD VOTE:
___WM__ ___WP__ ___RW__ 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that she was awarded the
Meritorious Service Medal.
_____Walter Morrison________
CHAIRPERSON
INDEX
|CASE ID |AR2004103605 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040902 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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