BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090002888
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 a second award of the Meritorious Service Medal.
2. The applicant states, in effect, that his final award was not given to him at the time of his retirement and 3 years after his retirement he was contacted by his old unit and the award was sent to him.
3. The applicant provides orders for the Meritorious Service Medal; a DA Form 638 (Recommendation for Award); and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 (RA) on 3 November 1983 and trained as a special purpose equipment repairer and a cable systems installer/maintainer. He served in Iraq from 2 November 2003 to 9 March 2004. On 30 September 2005, the applicant retired in the rank of sergeant first class.
3. The applicant's DD Form 214 shows, among other awards, one award of the Meritorious Service Medal as an authorized award.
4. The applicant provided a DA Form 638, dated 9 June 2005, for award of the Meritorious Service Medal (First Oak Leaf Cluster) for the period 1 October 1995 to 30 September 2005. Item 8 (Previous Awards) on this form shows the Meritorious Service Medal, Army Commendation Medal, and eight awards of the Army Achievement Medal.
5. Evidence of record shows that Headquarters, 4th Infantry Division (Mechanized), Fort Hood, Texas, Permanent Order Number 200-02, dated
1 August 2005, awarded the applicant the Meritorious Service Medal (First Oak Leaf Cluster) for the period 1 October 1995 to 30 September 2005.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 shows one award of the Meritorious Service Medal. However, evidence of record shows he received two awards of the Meritorious Service Medal. Therefore, his DD Form 214 should be corrected to show the Meritorious Service Medal (First Oak Leaf Cluster).
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 deleting from item 13 of the applicant's DD Form 214 the entry "Meritorious Service Medal" and replacing it with the entry "Meritorious Service Medal (First Oak Leaf Cluster)."
__________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.
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