IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080007948 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 March 1995, to show that he was awarded the Meritorious Service Medal, Third Oak Leaf Cluster (OLC), and the Armed Forces Reserve Medal.  

2.  The applicant states, in effect, that Permanent Orders Number 030-3, dated 21 December 1994, which awarded him the Meritorious Service Medal, second  OLC, is in error.  He states that it should have read Meritorious Service Medal, third OLC.  His DD Form 214, dated 30 March 1995, should be amended to read Meritorious Service Medal, (4th Award).  He states that upon resignation of his Regular Army commission in 1980 and acceptance of his Reserve commission and having 14 plus years in the Army Reserve, he should be eligible for the Armed Forces Reserve Medal which he was never issued. 

3.  The applicant provides a copy of his DD Form 214, dated 30 March 1995, and a copy of Permanent Order Number 030-3 and Permanent Order Number 40-10 in support of his request. 

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 applicant’s 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 applicant’s 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 record shows that he was appointed in the United States Army Reserve (USAR), as a captain, effective 3 October 1980, with prior Regular Army commissioned service.  He entered active duty on 19 October 1986.  He was promoted to lieutenant colonel (LTC/O-5) effective 2 June 1991. 

3.  The applicant served until he was released from active duty for the purpose of retirement on 30 March 1995.  He was placed on the Retired List effective 1 April 1995, in the rank and pay grade of LTC/O-5. 

4.  Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, dated 30 March 1995, shows he was awarded the Meritorious Service Medal, 3rd Award; the Army Commendation Medal, 4th Award; the Army Achievement Medal; the National Defense Service Medal, with one bronze service star; the Army (Retired) Lapel Button; the Vietnam Service Medal, with one bronze service star; the Humanitarian Service Award (Hurricane Andrew); the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Campaign Medal, with 1960 Device; the Army Aviator Badge; the Parachutist Badge; and the Ranger Tab.  His DD Form 214, dated 30 March 1995, does not show any additional awards.

5.  The applicant provided a copy of the Office of the Chief, Army Reserve, Permanent Order Number 40-10, dated 10 July 1989, which awarded him the Meritorious Service Medal, Second OLC, for meritorious service from 19 May 1986 to 30 June 1989.  

6.  The applicant provided a copy of Headquarters, United States Army Reserve Command, Permanent Orders 030-3, dated 21 December 1994, which awarded him the Meritorious Service Medal, Second OLC, for outstanding meritorious service from 5 June 1970 to 7 January 1995.

7.  A review of the applicant's Chronological Statement of Retirement Points show that he completed 10 honorable and satisfactory years as a member of the USAR and earned 50 or more retirements for a 10 year period.


8.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message Number 96-196, provides for award of the Armed Forces Reserve Medal (AFRM).  It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit toward this award but does not constitute a break in service.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was awarded the Meritorious Service Medal, Second OLC, on two occasions by Permanent Order Number 40-10, dated 10 July 1989 and by Permanent Orders Number 030-3, dated 21 December 1994.  However, Permanent Orders Number 030-3 is incorrect and should show "Third OLC" instead of "Second OLC."  It appears that a clerical error occurred at the time of preparation of Permanent Orders Number 030-3; therefore, it would be appropriate to amend Permanent Orders Number 030-3 to show "Third OLC" which is the 4th award of the Meritorious Service Medal to the applicant.  He is also entitled to correction of item 13, of his DD Form 214, dated 30 March 1995, to show the Meritorious Service Medal (4th Award).

2.  The evidence of record shows that the applicant met the criteria for award of Armed Forces Reserve Medal; therefore, he is entitled to correction of his DD Form 214, dated 30 March 1995, to show that he was awarded the Armed Forces Reserve Medal.

BOARD VOTE:

__x_____  ____x___  ____x___  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: 

	a.  by amending Permanent Orders 030-3, dated 21 December 1994, to show the Meritorious Service Medal (Third Oak Leaf Cluster);

	b.  by showing the entry "Meritorious Service Medal (4th Award)," in item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, dated 30 March 1995; and

	c.  by awarding the applicant the  Armed Forces Reserve Medal, and also adding this award to item 13, of his DD Form 214.




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007948



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ABCMR Record of Proceedings (cont)                                         AR20080007948



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