IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080009397
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 correction of his records to show award of the Meritorious Service Medal.
2. The applicant states that he was awarded the Meritorious Service Medal during his retirement ceremony, but it is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant did not provide any additional documentary evidence in support of his application.
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 records show he was initially inducted into the Army of the United States on 7 August 1963. He subsequently executed a series of reenlistments and/or extensions in the Regular Army and was placed on the Retired List in the rank/grade of master sergeant (MSG)/E-8 on 1 November 1986.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the applicants DD Form 214, dated 31 October 1986 shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Army Service Ribbon, the Overseas Service Ribbon with Numeral 2, the Noncommissioned Officer's Professional Development Ribbon, the Army Achievement Medal, the Good Conduct Medal (7th Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). Item 24 does not show award of the Meritorious Service Medal.
4. Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record), dated 3 November 1978 and reviewed on 10 January 1986, does not show award of the Meritorious Service Medal.
5. There are no permanent orders in the applicant's records that show he was awarded the Meritorious Service Medal.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award. The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.
7. Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a
recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records are void of a formal recommendation or permanent orders that show he was awarded the Meritorious Service Medal. In the absence of such documentation, there is insufficient evidence upon which to base award of the Meritorious Service Medal in this case.
2. While the available evidence is insufficient for awarding the applicant the Meritorious Service Medal, this in no way affects the applicants right to pursue his claim for the Meritorious Service Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
XXX
______________________
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) AR20080009397
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ABCMR Record of Proceedings (cont) AR20080009397
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