RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 December 2006
      DOCKET NUMBER:   AR20060006673


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 award of the Meritorious Service Medal
(MSM) be added to his records.

2.  The applicant states that the award of the MSM was presented to him
several weeks after his discharge and as a result was not included on his
report of separation (DD Form 214).  He goes on to state that he is now a
Department of Defense civilian employee and he desires to add the award of
the MSM to his resume.  Accordingly, it needs to be added to his DD Form
214.

3.  The applicant provides a photocopy of his MSM Certificate indicating
that it was awarded on Permanent Orders 12-7, on 27 February 1992.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 March 1992.  The application submitted in this case is dated
1 May 2006.

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 was transferred to Germany on 9 August 1983 and was
assigned as a data analyst to Headquarters, 5th Signal Command in Worms,
Germany.  He was promoted to the pay grade of E-5 on 1 July 1986 and to the
pay grade of E-6 on 1 July 1987.

4.  During his assignment with that unit he served as the chief data
analyst, the noncommissioned officer (NCO) of files maintenance, the NCO in
Charge (NCOIC) of Personnel Automation Branch, the NCOIC of Data Management
Division and the Chief, Management Support Service Division.

5.  After serving 8 years, 6 months and 27 days in the same command, he was
honorably discharged on the expiration of his term of service.  He
separated in Germany and had served 13 years, 4 months and 11 days of total
active service.

6.  A review of his Official Military Personnel File (OMPF) fails to show
that he received an award at the time of his discharge.  His records do
show that he received excellent evaluation reports through his assignment
in Germany.

7.  The photocopy of the MSM Certificate submitted by the applicant
indicates that he was cited for exceptionally meritorious service as the
chief, management support service division during the period of 15 August
1983 to 6 March 1992 and that the award was approved in Permanent Orders 12-
7 dated 27 February 1992.  There is no copy of the orders or the
certificate contained in his records.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant did not submit a copy of orders along with his
MSM Certificate, it is reasonable to presume that the applicant did receive
the award of the MSM, given his length of service with the unit and the
level of positions he held within the command.

2.  This presumption is further supported by the absence of an end of tour
award in his records for the same period.

3.  Accordingly, it is reasonable to presume that because the applicant
remained in country after separation, that his records were shipped from
the command to the records repository before his award could be included or
proper distribution could be made.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 March 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 March 1995.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

__JS____  ___LE __  ___MF __  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 the applicant was awarded
the MSM.






                            _______John Slone________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006673                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|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                  |63/MSM                                  |
|1.107.0017              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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