IN THE CASE OF:	  

		BOARD DATE:	        6 November 2008

		DOCKET NUMBER:  AR20080014365 


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 upon retirement by his commanding officer at the time, but it is not shown on his records.

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 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 is a retired master sergeant (MSG) who was trained in military occupational specialties 11B (Light Weapons Infantryman) and 71L (Administrative Specialist).  He held several staff and leadership positions throughout his military career and was placed on the Retired List in his retired grade of MSG on 1 April 1979.  He was credited with over 20 years of active military service.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Report of Separation from Active Duty), dated 31 March 1979, shows he was awarded the Bronze Star Medal, the Air Medal, the Joint Service Commendation Medal (1st Oak Leaf Cluster), the Good Conduct Medal (5th Award), the Army of Occupation Medal, the Vietnam Service Medal (7 campaigns), the Vietnam Campaign Medal, the Staff Service Medal (2nd Class), the Expert Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Item 26 does not show award of the Meritorious Service Medal.

4.  The applicant's records do not contain permanent orders awarding him the Meritorious Service Medal.

5.  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.

6.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a 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 contention that his commanding officer presented him with the Meritorious Service Medal is noted.  However, there is no evidence in the available records and the applicant did not provide any evidence that shows he was awarded this medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Meritorious Service Medal.  Therefore, there is insufficient evidence to grant the applicant the requested relief.

2.  However, while the available evidence is insufficient for awarding the applicant the Meritorious Service Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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.


																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)                                         AR20080014365



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ABCMR Record of Proceedings (cont)                                         AR20080014365



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