IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20090002001
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 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal.
2. The applicant states that the Meritorious Service Medal was approved and presented to him but it never made it to his official records.
3. The applicant provides orders and an award certificate for the Meritorious Service Medal 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 applicant enlisted in the Regular Army on 17 September 1987. He served as a medical laboratory specialist and was honorably discharged on 7 July 1995.
3. The applicant's DD Form 214 does not show the Meritorious Service Medal as an authorized award.
4. Headquarters, U.S. Army John F. Kennedy Special Warfare Center and School Permanent Order Number 143-9, dated 23 May 1995, shows the applicant received the Meritorious Service Medal for meritorious service during the period 17 September 1987 to 1 June 1995.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant received the Meritorious Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.
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 adding the Meritorious Service Medal to his DD Form 214.
____________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) AR20090002001
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ABCMR Record of Proceedings (cont) AR20090002001
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