RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 January 2008
DOCKET NUMBER: AR20070011360
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. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Curtis L. Greenway
Chairperson
Mr. Joe R. Schroeder
Member
Mr. Qawiy A. Sabree
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Meritorious Service Medal (MSM).
2. The applicant states he was awarded the MSM on 25 November 1981. He states, that he is requesting the correction to ensure the integrity of his military record.
3. The applicant provides a copy of his DD Form 214 and a Certificate of Award for the MSM.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military service records show that he was appointed as a second lieutenant in the Regular Army on 4 June 1975. He was promoted to first lieutenant on 4 June 1977 and was promoted to captain on 18 November 1979.
3. On 26 May 1981, the applicant applied for unqualified resignation from the U.S. Army because he no longer desired a military career. On 22 June 1981, the applicant's unqualified resignation was approved effective 15 October 1981. On 15 October 1981, the applicant was honorably discharged from active duty after serving 6 years, 4 months, and 12 days of Net Active Service This Period.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Army Commendation Medal, Parachutist Badge, Ranger Tab, and Army Service Ribbon. However, it does not show the MSM.
5. The applicant provided a copy of a Certificate of Award for the MSM.
6. Army Regulation 600-8-104 (Military Personnel Information Management/Records), in pertinent part, states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.
7. A review of the applicant's records does not indicate entitlement to additional awards or decorations not shown in item 13 of his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the award of the MSM.
2. The certificate showing award of the MSM is insufficient evidence to correct the applicants DD Form 214. Therefore, the applicant is not entitled to correction of his records to show this award.
BOARD VOTE:
________ __CLG__ __JRS___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__QAS__ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, a majority of the Board determined during their review that the evidence presented was sufficient to warrant a recommendation for relief. The majority believes that the Soldier was awarded the Meritorious Service Medal upon leaving the Army. It was not entered onto the DD Form 214 because it post-dates that document. The majority sees no reason not to believe the Soldier that it is a legitimate document, although there is no written order attached to the record nor is there an order number on the certificate.
2. As a result, the majority of the Board recommends that all Department of the Army Records of the individual concerned be corrected by awarding the Meritorious Service Medal and showing this award on his DD Form 214.
___Curtis L. Greenway__
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20080115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT (2 TO 1)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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