RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 09 NOVEMBER 2004
DOCKET NUMBER: AR2004103826
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. Mark Manning | |Chairperson |
| |Ms. Linda Simmons | |Member |
| |Mr. Leonard Hassell | |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 his 1997 separation document be corrected
to reflect award of the Meritorious Service Medal and the Conspicuous
Service Medal given by the state of New York.
2. The applicant states the awards were received after his separation
document was prepared.
3. The applicant provides a copy of his Meritorious Service Medal award
and a copy of the New York State Conspicuous Service Medal award.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 31 March 1997. The application submitted in this case is
dated
4 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 was
honorably discharged on 31 March 1997 and placed on the retired roles the
following day under a voluntary early retirement program. At the time of
his early retirement he had accumulated approximately 18 years of active
Federal service.
4. On 15 September 1997 the applicant was awarded a Meritorious Service
Medal in recognition of his meritorious service during the last 10 years of
his military service. The award was confirmed in orders issued at Fort
Carson, Colorado. Because the award was approved after the applicant’s
retirement, it was not recorded on his separation document.
5. In 1999, more than 2 years after his retirement, the Governor of New
York awarded him the New York State Conspicuous Service Cross. It was
awarded in recognition of his conspicuous service to the people of New
York.
6. Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the Department of Defense Form 214 (Certificate of Release
or Discharge from Active Duty). In pertinent part, it states that the
separation report captures information which occurred during the period of
service covered by the separation document. Additionally, it notes that
state or civilian awards, citations, or honors are not recorded on the
separation document.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms the applicant was awarded the Meritorious Service
Medal. His records should be corrected accordingly.
2. Although the applicant may have been recognized by the Governor of New
York that recognition would not have been recorded in his military records
not only because it was not awarded during his period of military service
but primarily because it was a state honor and as such not authorized for
entry on the separation document.
3. In view of the foregoing, the applicant’s records should be corrected
as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___MM__ ___LS __ ___LH___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 he was
awarded the Meritorious Service Medal.
2. The Board further determined that 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
the New York State Conspicuous Service Cross.
______Mark Manning_______
CHAIRPERSON
INDEX
|CASE ID |AR2004103826 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041109 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |PARTIAL GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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