RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 July 2005
DOCKET NUMBER: AR20050000027
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda Simmons | |Chairperson |
| |Mr. Patrick McGann | |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 correction of his DD Form 214 (Report of
Separation from Active Duty) for the period ending 29 February 1976 to show
the Meritorious Service Medal with First Oak Leaf Cluster.
2. The applicant states that he was presented a citation for the
Meritorious Service Medal with First Oak Leaf Cluster at a special ceremony
about a month after his retirement. He contends that he never received the
general orders for this medal.
3. The applicant provides an award certificate for the Meritorious Service
Medal with First Oak Leaf Cluster.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 29 February 1976. The application submitted in this case is
dated 20 December 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. The applicant retired in the rank of master sergeant on 29 February
1976 after completing over 23 years of creditable active service.
4. The applicant's DD Form 214 for the period ending 29 February 1976 does
not show the Meritorious Service Medal with First Oak Leaf Cluster as an
authorized award.
5. Headquarters, U.S. Army Signal Center and Fort Gordon General Orders
Number 107, dated 27 February 1976, show the applicant received the
Meritorious Service Medal with First Oak Leaf Cluster for outstanding
meritorious service during the period 31 August 1974 to 29 February 1976.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant received the Meritorious Service Medal with First
Oak Leaf Cluster.
BOARD VOTE:
LS_____ PM______ LH_____ 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 amending his DD Form 214 for the
period ending
29 February 1976 to show that he was awarded the Meritorious Service Medal
with First Oak Leaf Cluster.
___Linda Simmons______
CHAIRPERSON
INDEX
|CASE ID |AR20050000027 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050726 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0017 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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