IN THE CASE OF:
BOARD DATE: 25 June 2009
DOCKET NUMBER: AR20090002484
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 he did not receive the award in formation or in a formal ceremony; it was delivered to him following his honorable discharge from active duty.
3. The applicant provides copies of a DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)) and a DA Form 4980-12 (Department of the Army MSM Certificate) as documentary evidence in support of this 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 that he retired from the Regular Army (RA) on 30 April 1997 by reason of sufficient service for retirement, in the rank/grade of master sergeant (MSG)/E-8.
3. a DA Form 638-1, initiated on 13 May 1995, shows the applicant was awarded the MSM for meritorious service during the period 4 April 1992 to 2 July 1995 by Headquarters, 25th Infantry Division (Light), United States Army, Hawaii, Schofield Barracks, Hawaii, Permanent Order Number A172-31, dated 22 June 1995.
4. A DA Form 4980-12, dated 22 June 1995, was issued to the applicant to commemorate his award of the MSM for exceptionally meritorious service during the period 4 April 1992 to 2 July 1995. This form further shows the authority for this award was Headquarters, 25th Infantry Division (Light), United States Army, Hawaii, Schofield Barracks, Hawaii, Permanent Order Number A172-31, dated 22 June 1995.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of the applicant's DD Form 214 for the period ending 30 April 1997 does not show award of the MSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show award of the Meritorious Service Medal was carefully considered and determined to have merit.
2. Permanent Orders awarded the applicant the MSM. Therefore, he is entitled to have his DD Form 214 corrected to show this individual award.
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 by corrected by adding to Item 24 of the applicant's DD Form 214 for the period ending 30 April 1997 the Meritorious Service Medal.
__________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) AR20090002484
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