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ARMY | BCMR | CY2005 | 20050000929C070206
Original file (20050000929C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20050000929


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann Jr.         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 her military service records be
corrected to show award of the Meritorious Service Medal for service during
the period from 28 August 1990 to 30 November 1991.

2.  The applicant states, in effect, that she received the award after she
was discharged.

3.  The applicant provides a copy of a Certificate for the Award of the
Meritorious Service Medal for the period from 28 August 1990 to 30 November
1991 awarded on 4 February 1992.  The certificate was authenticated by
General Alfred J. Mallette, Commanding General, United States Army
Communications- Electronics Monmouth, Fort Monmouth, New Jersey and Mr.
Michael P. W. Stone, Secretary of the Army.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 30 November 1991, the date of her discharge.  The application submitted
in this case is dated 29 December 2004 and was received on 20 January 2005.

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 military records show that she enlisted on 9 November
1983 for a period of 4 years.  She reenlisted on 1 September 1987 for a
period of
4 years.

4.  The applicant was assigned to the United States Army Garrison (USAG)
at Fort Monmouth, New Jersey during the period from 17 December 1990 to
30 November 1991.

5.  On 30 November 1991, the applicant was discharged due to expiration of
term of service.  She had completed 8 years and 22 days of active service
that was characterized as honorable.  The highest grade held by the
applicant was sergeant/pay grade E-5.
6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Certificate of Release or Discharge from Active Duty) with a separation
date of 30 November 1991 does not contain an entry for the Meritorious
Service Medal.

7.  There are no orders awarding the applicant the Meritorious Service
Medal.

8.  General Alfred J. Mallette was the Commanding General, United States
Army Communications- Electronics Monmouth, Fort Monmouth, New Jersey during
the period from July 1990 to July 1992.

9.  Mr. Michael P. W. Stone was the Secretary of the Army during the period
from 14 August 1989 to 20 January 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her military service records should be
corrected to show award of the Meritorious Service Medal for service during
the period from 28 August 1990 to 30 November 1991.

2.  The applicant served at Fort Monmouth during the period indicated on
the award.

3.  The certificates were signed by the appropriate commander, serving as
Commanding General, United States Army Communications-Electronics Monmouth,
Fort Monmouth at the time, and the Secretary of the Army, appointed at the
time.

4.  Based on the preponderance of the evidence in this case, it is
appropriate to accept a copy of the certificate as authentication of
entitlement to the Meritorious Service Medal.  Therefore, in the interest
of justice, it is appropriate to correct the applicant's military records
to show award of the Meritorious Service Medal for service during the
period from 28 August 1990 to 30 November 1991.

BOARD VOTE:

___cak __  ___phm__  ___tsk__  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 award of the Meritorious
Service Medal for the period from 28 August 1990 to 30 November 1991.




                            ______Ted S. Kanamine____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000929                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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