IN THE CASE OF:
BOARD DATE: 11 JUNE 2009
DOCKET NUMBER: AR20090001641
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 DD Form 214 (Report of Separation from Active Duty) with the period ending 30 November 1975 to show award of the Meritorious Service Medal (MSM) 1st Oak Leaf Cluster and the Army Commendation Medal (ARCOM).
2. The applicant states that his DD Form 214 is incorrect and should show the above awards.
3. The applicant provides:
a. Headquarters, U.S. Army Medical Command, Europe General Orders Number 85, dated 8 October 1975;
b. 332nd Medical Brigade Permanent Orders 5-12, dated 23 October 1987;
c. Headquarters, 125th Army Reserve Command Permanent Orders Number 2-2, dated 24 January 1988; and
d. Office of the Chief, Army Reserve Permanent Orders Number 221-05, dated 23 June 1995.
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. On 31 May 1964, the applicant was appointed as a Reserve Commissioned Officer of the Army at the rank of second lieutenant (2LT). He entered active duty on 10 August 1964.
3. Headquarters, U.S. Army Medical Command, Europe General Orders Number 85, dated 8 October 1975 show that the applicant was awarded the Meritorious Service Medal for outstanding meritorious service during the period 31 October 1972 through 1 December 1975.
4. On 30 November 1975, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (Control Group). His DD Form 214 with the period ending 30 November 1975 shows he was awarded the Meritorious Service Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Armed Forces Expeditionary Medal, the Meritorious Unit Citation 2nd Oak Leaf Cluster, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Field Expert Medical Badge, and two Overseas Service Bars.
5. 332nd Medical Brigade Permanent Orders 5-12, dated 23 October 1987 shows that the applicant was awarded the ARCOM for meritorious service during the period 1 April 1987 through 23 October 1987.
6. Headquarters, 125th Army Reserve Command Permanent Orders Number
2-2, dated 24 January 1988 shows that the applicant was awarded the MSM 1st Oak Leaf Cluster for meritorious service during the period 1 April 1987 through 13 December 1988.
7. On 3 August 1992, the applicant retired at the rank of lieutenant colonel (LTC).
8. Office of the Chief, Army Reserve Permanent Orders Number 221-05, dated 23 June 1995 shows that the applicant was awarded the MSM 1st Oak Leaf Cluster for meritorious service during the period 4 August 1982 through 3 August 1992.
9. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded the MSM 1st Oak Leaf Cluster and the ARCOM , but they were for service outside the period covered by the DD Form 214. Therefore, they are not authorized to be entered on his DD Form 214.
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) AR20090001641
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ABCMR Record of Proceedings (cont) AR20090001641
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