RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 March 2007
DOCKET NUMBER: AR20060012282
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.
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 the Meritorious Service Medal that was awarded to him after he retired be added to his DD Form 214 (Certificate of Release or Discharge From Active Duty).
2. The applicant essentially states his award of the Meritorious Service Medal was not approved until after his retirement, but requests that a DD Form 215 (Correction to DD Form 214) be issued to add this award to his DD Form 214.
3. The applicant provides his certificate which awarded him the Meritorious Service Medal and a letter from the National Personnel Records Center in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
31 October 1992, the date of his retirement from the Regular Army. The application submitted in this case is dated 22 June 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 applicants failure to timely file.
3. The applicants DD Form 214 that was issued at the time of his retirement on 31 October 1992 does not show that he was awarded the Meritorious Service Medal. However, the applicant provided a certificate that shows that he was awarded the Meritorious Service Medal for the period 1 November 1982 to
31 October 1992, which was approved on 24 November 1992. This citation also contains the permanent orders number which awarded him the Meritorious Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the Meritorious Service Medal that was awarded to him after he retired should be added to his DD Form 214.
2. Permanent orders awarded the applicant the Meritorious Service Medal for exceptionally meritorious service from 1 November 1982 to 31 October 1992 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his military records to show the award of the Meritorious Service Medal.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 October 1992; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
30 October 1995. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case.
BOARD VOTE:
___KW__ ___CD __ ___EF___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Meritorious Service Medal.
_____ Kenneth Wright_________
CHAIRPERSON
INDEX
CASE ID
AR20060012282
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070327
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
107.0017.0000
2.
110.0400.0000
3.
4.
5.
6.
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