IN THE CASE OF:
BOARD DATE: 24 September 2008
DOCKET NUMBER: AR20080012629
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, that the Meritorious Service Medal (MSM) be added to Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document
(DD Form 214).
2. The applicant states, in effect, that due to an administrative error, an MSM he was awarded was not listed on his separation document.
3. The applicant provides a copy of his DD Form 214 and an MSM certificate 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 applicants military records show that on 8 September 1982, the applicant was honorably separated for the purpose of disability retirement. The DD Form 214 he was issued at the time shows he completed a total of 18 years, 9 months, and 5 days of active military service, and that he held the rank of sergeant first class (SFC).
3. Item 13 of the applicant's 8 September 1982 DD Form 214 shows he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM); Vietnam Service Medal with 1 silver service star; Republic of Vietnam (RVN) Campaign Medal with Device (1960); RVN Gallantry Cross with Palm Unit Citation; Army Good Conduct Medal (6th Award); Driver and Mechanic Badge with Mechanic Bar; Army Service Ribbon; Overseas Service Ribbon; and the Noncommissioned Officers Professional Development Ribbon with
Numeral 3.
4. The applicant's Official Military Personnel File (OMPF) contains Headquarters, United States Army Training Center and Fort Jackson, Permanent Orders
094-002, dated 27 August 1982, which awarded the applicant the MSM for meritorious service for the period from 27 March 1979 to 13 August 1982.
5. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates that all awards and decorations for all periods of service will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was awarded the MSM by the appropriate authority, as evidenced by official orders contained in his OMPF. Therefore, it would be appropriate to add the MSM to the list of awards shown on his separation document at this time.
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 by amending Item 13 of his 8 September 1982 DD Form 214 by adding the Meritorious Service Medal; and by providing him a correction to his separation document that includes this award.
_________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) AR20080012629
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ABCMR Record of Proceedings (cont) AR20080012629
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