IN THE CASE OF:
BOARD DATE: 11 DECEMBER 2008
DOCKET NUMBER: AR20080015324
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 that his DD Form 214 be corrected to reflect his two awards of the Meritorious Service Medal (MSM) (MSM with 1 Oak Leaf Cluster).
2. The applicant states that he was reviewing his records and discovered that his two awards of the MSM were omitted from his DD Form 214 at the time of his retirement.
3. The applicant provides a copy of orders awarding him the MSM for the period of 13 February 1978 to 30 April 1980 and a copy of an MSM certificate awarding him the MSM for the period of 1 February 1973 to 31 January 1983.
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 enlisted in the Regular Army on 7 December 1956 and served until he was honorably released from active duty on 4 December 1959 and was transferred to the United States Army Reserve (USAR) to complete his statutory service obligation.
3. On 31 December 1962, he again enlisted in the Regular Army and remained on active duty through a series of continuous reenlistments. He was promoted to the rank of sergeant major on 30 October 1978 while serving with the 10th Special Forces Group at Fort Devens, Massachusetts.
4. On 11 January 1982, he was appointed as the Command Sergeant Major of the 2nd Battalion, 10th Special Forces Group, and remained there until he was honorably released from active duty (REFRAD) on 31 January 1983 and was transferred to the Retired List effective 1 February 1983. He had served 23 years and 29 days of total active service. The DD Form 214 issued at the time of his REFRAD does not reflect any awards of the MSM.
5. A review of the applicant's official records fails to reveal the applicant's last award of the MSM which was awarded for a 10-year period ending on the date prior to his placement on the Retired List. It is also noted that the applicant departed on terminal leave on 16 December 1982 and that his last award of the MSM was approved on 4 January 1983.
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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant has not provided a copy of orders for his second award of the MSM, he has provided an MSM certificate which clearly indicates that his last award of the MSM was a retirement award covering the last 10 years of his military service which is a common practice throughout the Army and is in accordance with applicable Army Regulations.
2. Accordingly, there is no reason to doubt the authenticity of the MSM certificate because of the absence of orders and given the applicant's many years of distinguished service to his country.
3. Therefore, it would be appropriate at this time to correct his DD Form 214 dated 31 January 1983 to reflect his award of the MSM with 1 Oak Leaf Cluster.
BOARD VOTE:
___X_____ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 showing his award of the MSM with 1 Oak Leaf Cluster.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20080015324
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080015324
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140017571
BOARD DATE: 2 June 2015 DOCKET NUMBER: AR20140017571 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty), for the period ending 13 November 1978, to show he was awarded the Meritorious Service Medal (MSM) (2nd Oak Leaf Cluster) and to show he is authorized 4 bronze service stars on his previously-authorized Vietnam Service Medal and the Korea Defense Service Medal (KDSM). Permanent Orders 229-01,...
ARMY | BCMR | CY2014 | 20140001975
The applicant states he retired from the U.S. Army Reserve (USAR) on 31 December 1997 and these awards were not added to his records. The applicant provides: * DD Form 214 (Report of Separation from Active Duty), with an effective date of 12 July 1979 * DA Form 2-1 (Personnel Qualification Record) * a letter from National Personnel Records Center, St. Louis, MO, dated 17 January 2014 * a DA Form 638 (Recommendation for Award) and a certificate that show he was awarded the MSM * three...
ARMY | BCMR | CY2009 | 20090007225
The applicant requests, in effect, that item 12a (Date Entered Active Duty (AD) This Period), item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), item 14 (Military Education), and item 18 (Remarks) of his final DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 31 October 2005 be corrected. The evidence of record confirms the applicant is eligible for the AFEM for his service in support of Operation Joint...
ARMY | BCMR | CY2012 | 20120022471
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (MSM) (1st Oak Leaf Cluster), Army Commendation Medal (ARCOM), and the Republic of Vietnam Armed Forces Honor Medal (2nd Class). The applicant provides the following in support of his request: * DA Form 4980-12 (MSM Certificate), dated 21 October 1983 * Permanent Order 176-29, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 26...
ARMY | BCMR | CY2004 | 20040008120C070208
The applicant requests, in three separate applications, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1979 be corrected: 1) in item 11 (Primary Specialty Number, Title and Years and Months in Specialty) to add 31542 Special Forces Qualified Infantry Officer, 3 years, 8 months and to change the entry for 35A to read 7 years and 5 months; 2) in item 2 (Department, Component and Branch) to change Military Police (MP) to Military...
ARMY | BCMR | CY2009 | 20090011003
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM), Army Commendation Medal (ARCOM), and the Air Medal (AM) with 1st through 17th oak leaf cluster. He also states that the AM with 1st through 17th oak leaf cluster may not have been properly recorded in his personnel file since they were awarded in the field of combat. The applicant provided a certificate with the signature of the...
ARMY | BCMR | CY2013 | 20130010038
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (MSM) with 3rd oak leaf cluster (4th award). Army Regulation 600-8-22 (Military Awards) states: a. In the absence of orders showing he was awarded two additional MSMs, the certificates he provided, which indicate he was awarded the MSM for meritorious service during the periods ending 7 July 1991 and 4 November 1991, are insufficient on which to...
ARMY | BCMR | CY2005 | 20050015829C070206
Permanent Orders Number 122-6 dated 1 May 1996 and 39-1 dated 8 February 2001 as listed on the applicant’s MSM Certificates verifies his entitlement to two awards of the MSM. This document shows that the applicant was credited with 3 years of Regular Army service and 2 months and 1 day of service with the United States Air Force. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows: a. by awarding him the Korea...
ARMY | BCMR | CY2007 | 20070001655C071029
The applicant requests, in effect, that his record be corrected to show he received two awards of the Meritorious Service Medal (MSM). The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, 5th Signal Command Permanent Orders Number 34-6, dated 2 May 1989, which awarded the applicant the MSM for meritorious service from 30 May 1985 through 29 May 1989. The applicant's MPRJ also contains a partially legible copy of an MSM Certificate, dated 23 June 1995, which...
ARMY | BCMR | CY2010 | 20100017478
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Meritorious Service Medal with 2nd Oak Leaf Cluster (3rd Award) * Meritorious Unit Commendation for Company A, 2nd Battalion, 227th Aviation Regiment 2. The applicant provides the following documents in support of his application: * DA Form 4037 (Officer Record Brief) * DA Form 638 (Recommendation for Award), dated 21 July 2008 * DA Form 4980-12...