RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2007
      DOCKET NUMBER:  AR20070001655


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 his record be corrected to show
he received two awards of the Meritorious Service Medal (MSM).

2.  The applicant states, in effect, he was awarded his first MSM by the
5th Signal Command in Berlin, Germany, in May 1989.  He claims he was
awarded a second MSM (MSM, 1st Oak Leaf Cluster) upon his retirement in
1995.  The applicant indicates he had hard copies of both awards; however,
they were lost in a fire and he would like to have copies to give to his
Grandson.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1995.  The application submitted in this case is
dated
1 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 applicant’s failure to timely file.

3.  The applicant’s record shows that on 31 July 1995, while serving at
Fort Lewis, Washington, he was honorably released from active duty for the
purpose of retirement after completing a total of 20 years, 11 months, and
2 days of active military service.  The separation document he was issued
at the time did not include the MSM, 1st Oak Leaf Cluster (2nd Award) in
the list of authorized awards contained in Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized).

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 5th Signal Command Permanent Orders Number 34-6, dated


2 May 1989, which awarded the applicant the MSM for meritorious service
from 30 May 1985 through 29 May 1989.

5.  The applicant's MPRJ also contains a partially legible copy of an MSM
Certificate, dated 23 June 1995, which indicates the applicant was awarded
the MSM for meritorious service during the period 1 August 1985 through 31
July 1995.  This Certificate further shows announcement of this award was
made in Headquarters, I Corps and Fort Lewis, Washington, Permanent Orders
Number 174-23.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains instructions for preparing the DD Form 214.  The
instructions for Item 13 indicate that all awards and decorations for all
periods of service should be listed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the MSM, 1st
Oak Leaf Cluster (2nd Award) for his meritorious service upon his
retirement from the Army, as evidenced by the MSM Certificate on file in
his MPRJ.  It appears the award was not approved and returned in sufficient
time to be included in the list of awards contained in Item 13 of his final
DD Form 214. Therefore, it would be appropriate and in the interest of
justice to correct his separation document accordingly.

2.  It would also be appropriate and serve the interest of equity to
provide the applicant MSM Certificates for both the MSM he was awarded on 2
May 1989 and the MSM, 1st Oak Leaf Cluster he was awarded on 23 June 1995.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1995; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 July 1998.  The applicant did not file within the 3-year statute of
limitations; however, based o the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.





BOARD VOTE:

___CG__  __RWS__  __KSJ __  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 amending Item 13 of his 31 July 1995
DD Form 214 by adding the Meritorious Service Medal, 1st Oak Leaf Cluster
(2nd Award) to the list of awards in Item 13; and by proving him
Meritorious Service Medal Certificates for both the Meritorious Service
Medal he was awarded on 2 May 1989 for the period 30 May 1985 through 29
May 1989, and the Meritorious Service Medal, 1st Oak Leaf Cluster he was
awarded on 23 June 1995 for the period 1 August 1985 through 31 July 1995.




                                  _____Curtis Greenway___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001655                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1995/07/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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