BOARD DATE: 21 July 2009
DOCKET NUMBER: AR20090002211
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding two awards of the Meritorious Service Medal (MSM).
2. The applicant states, in effect, he received two awards of the MSM that are not included in the list of awards contained in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his
DD Form 214.
3. The applicant provides MSM orders and certificates; and an Officer Record Brief (ORB) 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's record shows the applicant served on active duty for 20 years, 11 months, and 29 days through 31 July 1998, at which time he was honorably released from active duty for the purpose of retirement, in the rank of lieutenant colonel.
3. Item 13 of the DD Form 214 issued to the applicant upon his retirement on
31 July 1998 shows he earned the following awards during his active duty tenure: Legion of Merit, Bronze Star Medal, Army Commendation Medal, Joint Service Achievement Medal, Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Southwest Asia Service Medal with 3 bronze service stars, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait.
4. The applicant provides an ORB that contains the entry "MSM-2" in section 8 (Awards and Decorations). He provides Headquarters, 5th Infantry Division (Mechanized) and Fort Polk, Fort Polk, Louisiana, Permanent Orders (PO) 195-1, dated 20 November 1984, which awarded him the MSM for meritorious service during the period 22 January 1980 through 7 November 1984, and he provides the accompanying certificate for this award. He also provides an MSM certificate, dated 25 June 1991, which shows he was awarded the MSM for meritorious service during the period August 1989 through June 1991. This certificate also confirms this award was authorized and announced in Headquarters, VII Corps PO 061-87.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains preparation instructions for the DD Form 214. The instructions for
item 13 are, in pertinent part, to list awards and decorations for all periods of service.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that two awards of the MSM should be added to the list of awards contained on his DD Form 214 was carefully considered and found to have merit. The orders and certificates provided by the applicant confirm he received two awards of the MSM for meritorious service during the periods
22 January 1980 through 7 November 1984 and August 1989 through June 1991 and that these awards were authorized and announced in official orders. Therefore, it would be appropriate to add the entry "Meritorious Service Medal (2nd Award)" to item 13 of his DD Form 214 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 his DD Form 214 by adding the entry "Meritorious Service Medal
(2nd Award)" to item 13 and by providing him a correction to the DD Form 214 that includes this change.
_______ _ _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) AR20090002211
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