IN THE CASE OF:	  

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080010486 


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 to his records to show award of the Meritorious Service Medal.

2.  The applicant states, in effect, there is no record he received the award in 1990. 

3.  In support of his application, the applicant provides a copy of his letter from the National Personnel Records Center, St. Louis, Missouri. 

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 military records show he was appointed in the United Army Reserve (USAR), as a second lieutenant, effective 11 June 1961.  He entered on active duty effective 29 November 1964.

3.  The applicant was released from active duty effective 18 November 1966 and transferred to the USAR.  He served continuously in the USAR until he was transferred to the USAR Control Group (Retired) effective 10 July 1991.  

4.  The applicant's Personnel Qualification Record – Part II, Item 9 (Awards, Decorations, and Campaigns), list the following awards:  the Army Service Ribbon, the Overseas Service Ribbon; the Ranger Tab; the Parachutist Badge; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the Air Medal; two Bronze Star Medals; the Armed Forces Reserve Medal, with one Oak Leaf Cluster; two Overseas Service Bars; and the Army Reserve Components Achievement Medal, with four Oak Leaf Clusters.  The Meritorious Service Medal is not listed.

5.  There are no orders in the applicant's military personnel records awarding him the Meritorious Service Medal.

6.  The applicant was placed on the Retired List, as a colonel, effective 5 November 1999. 

7.  The applicant submitted a copy of his letter from the National Personnel Records Center, St. Louis, Missouri, dated 2 June 2008, wherein he was advised that no record had been found to show that he was authorized the Meritorious Service Medal.  He was further advised to apply to the Board if he felt than an error or injustice had been made in his military record.  

8.  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.  

9.  Title 10, United States Code, section 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 contends that he was awarded the Meritorious Service Medal; however, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Meritorious Service Medal.  The available service records and the documentation submitted by the applicant give no indication that he was ever recommended for nor awarded this award.  In accordance with regulatory guidance, there is no automatic entitlement to any award, to include the Meritorious Service Medal, upon reassignment, release, or discharge from the service.

2.  In view of the circumstances in this case, the applicant is not entitled to award of the Meritorious Service Medal.  The applicant has not shown error, injustice, or inequity for the relief he now requests.

3.  While the available evidence is insufficient for awarding the applicant a  Meritorious Service Medal, this in no way affects the applicant’s right to pursue his claim for the Meritorious Service Medal by submitting a request through his Member of Congress under the provisions of Title 10, United States Code, section 1130.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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.




      _______ _   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)                                         AR20080010486



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ABCMR Record of Proceedings (cont)                                         AR20080010486


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