RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 June 2005
DOCKET NUMBER: AR20040007383
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 |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond J. Wagner | |Chairperson |
| |Mr. Kenneth W. Lapin | |Member |
| |Ms. Delia R. Trimble | |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, in effect, that two awards be added to his
final separation document (DD Form 214).
2. The applicant states, in effect, that the Meritorious Service Medal
(MSM) he received in 1976 was inadvertently omitted from the list of
authorized awards contained in Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) of his final DD Form
214. He also states that the Legion of Merit (LOM) he received upon his
retirement was not finalized prior to his release from active duty
(REFRAD).
3. The applicant provides MSM and LOM certificates in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error or injustice
that occurred on 31 July 1983. The application submitted in this case is
dated
13 September 1983.
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 limitations 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. The applicant’s record shows that on 31 July 1983, he was honorably
REFRAD for the purpose of retirement after completing a total of 21 years,
2 months and 18 days of active military service. The DD Form 214 he was
issued at the time did not include the MSM and LOM in the list of
authorized awards contained in Item 13.
4. The applicant provides a copy of an MSM certificate, dated 19 March
1976. It shows that he was awarded the MSM, for meritorious achievement on
25 April 1975, while serving as an interpreter on the four party joint
military liaison flight to Hanoi, Democratic Republic of Vietnam. A copy
of this certificate is also on file in the applicant’s Official Military
Personnel File (OMPF).
5. The applicant also provides a copy of a LOM certificate, dated 24
October 1983. This document shows he was awarded the LOM, for
exceptionally meritorious service during the period July 1980 through July
1983.
DISCUSSION AND CONCLUSIONS:
1. The award certificates provided by the applicant are sufficiently
corroborated by information on file in the applicant’s OMPF to support
granting the requested relief. The record shows he was awarded the MSM on
19 March 1976, for his exceptionally meritorious achievement on 25 April
1975 and a copy of the MSM certificate is on file in his OMPF.
2. The evidence also shows he received the LOM for exceptionally
meritorious service between July 1980 and July 1983. This certificate was
signed and issued on 24 October 1983, over two months after he was REFRAD
for retirement, and was not included on his final separation document.
Therefore, it would appropriate to add these earned awards to the
applicant’s record and DD Form 214 at this time.
BOARD VOTE:
___RJW_ ___KWL _ __DRT__ GRANT 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 he was awarded the Legion of
Merit and Meritorious Service Medal; and by providing him a corrected
separation document that includes these awards.
____Raymond J. Wagner___
CHAIRPERSON
INDEX
|CASE ID |AR20040007383 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/06/16 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1983/07/31 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |Retirement |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. 456 |107.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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