RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 July 2007
DOCKET NUMBER: AR20070000889
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.
Ms. Catherine C. Mitrano
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. James Anderholm
Chairperson
Mr. Jose Martinez
Member
Mr. William Crain
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1990 be corrected to show award of the Meritorious Service Medal with Second Oak Leaf Cluster and the Selective Service Meritorious Service Award with Bronze Medal.
2. The applicant states that his last DD Form 214 was created prior to receipt of these awards.
3. The applicant provides orders for the Selective Service System Meritorious Service Award with Bronze Medal and the Meritorious Service Medal with Second Oak Leaf Cluster; and a copy of his DD Form 214 for the period ending 31 December 1990.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
31 December 1990. The application submitted in this case is dated 7 January 2007.
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 applicant was inducted on 25 April 1968. He served as a missile crewman and was released from active duty on 16 April 1970. He enlisted in the Regular Army on 27 November 1972. He remained on active duty through continuous reenlistments until he retired on 31 December 1990 in the rank of master sergeant.
4. The applicants DD Form 214 for the period ending 31 December 1990 shows the Meritorious Service Medal with First Oak Leaf Cluster, the Army Commendation Medal with First Oak Leaf Cluster, the Joint Service Achievement Medal, the Army Good Conduct Medal (7th Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon 3, the Army Service Ribbon, the Overseas Service Ribbon 2, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.
5. Headquarters, Selective Service System Order Number 90-02, dated
30 October 1990, shows the applicant received the Selective Service System Meritorious Service Award with Bronze Medal for performance of meritorious service to the Selective Service System from 21 June 1985 to 30 October 1990.
6. U.S. Total Army Personnel Command Permanent Orders 199-11, dated
13 December 1990, show the applicant received the Meritorious Service Medal with Second Oak Leaf Cluster for meritorious service during the period 21 June 1985 to 31 December 1990.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Selective Service System Meritorious Service Award with Bronze Medal and the Meritorious Service Medal with Second Oak Leaf Cluster.
2. Records show the applicant should have discovered the alleged errors now under consideration on 31 December 1990; therefore, the time for the applicant to file a request for correction of any error expired on 30 December 1993. 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:
JA_____ __JM_____ _WC___ 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:
a. deleting the entry, Meritorious Service Medal (1OLC) on his DD Form 214 for the period ending 31 December 1990; and
b. amending this DD Form 214 to add the Selective Service System Meritorious Service Award with Bronze Medal and the Meritorious Service Medal with Second Oak Leaf Cluster.
__James Anderholm___________
CHAIRPERSON
INDEX
CASE ID
AR20070000889
SUFFIX
RECON
DATE BOARDED
20070712
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
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