IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090005170
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 award the Meritorious Service Medal (MSM).
2. The applicant states that the MSM was not included on his DD Form 214 (Report of Separation From Active Duty).
3. The applicant provides a copy of his DD Form 214 and his MSM certificate.
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 records show he was appointed as a United States Army Reserve commissioned officer on 15 November 1968. On 5 July 1973, he was ordered to active duty and was honorably discharged 21 August 1973.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal. This form does not show award of the MSM.
4. General Orders Number 7-9, published by Headquarters, Brooke Army Medical Center, Fort Sam Houston, Texas, dated 5 August 1976 and certificate show that the applicant was awarded the MSM for meritorious service during the period of service from 2 December 1975 to 31 July 1976.
DISCUSSION AND CONCLUSIONS:
General Orders verify that the applicant was awarded the MSM. Therefore, his records should be corrected to show this 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 be corrected by adding to item 26 of the applicant's DD Form 214 the MSM.
_______ _ _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) AR20090005170
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ABCMR Record of Proceedings (cont) AR20090005170
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