IN THE CASE OF:
BOARD DATE: 6 OCTOBER 2009
DOCKET NUMBER: AR20090008818
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 that the Meritorious Service Medal (MSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he received the certificate for the MSM two months after he was discharged. He adds that he did not receive the actual medal.
3. The applicant provides a copy of his 26 July 1969 DD Form 214 and an 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 enlisted in the Regular Army on
16 September 1966 and was honorably discharged on 26 July 1967 to accept a commission as an officer. On 27 July 1967, he was appointed as a second lieutenant in the United States Army Reserve (USAR) and entered active duty. On 26 July 1969, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).
3. The MSM certificate shows that on 18 October 1969 the applicant was awarded the MSM for outstanding meritorious service from October 1967 to July 1969.
4. Entries on the applicants 26 July 1969 DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show he was awarded the National Defense Service Medal and the Army Commendation Medal (ARCOM). The MSM is not shown on the applicants DD Form 214.
5. A review of the applicant's military personnel records show that on 25 June 1969 he was recommended for the MSM. However, the President, Army Decorations Board, disapproved the award of the MSM and downgraded the award to the ARCOM.
6. Department of the Army Letter Order, dated 17 July 1969, shows that the applicant was awarded the ARCOM for the period October 1967 to July 1969.
DISCUSSION AND CONCLUSIONS:
1. While the applicant may have been recommended for award of the MSM, the President, Army Decorations Board, elected to downgrade the award to an ARCOM. Therefore, in the absence of orders confirming the award of the MSM, there is no basis to approve his request.
2. In view of the foregoing, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __XXX_____ ___
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) AR20090008818
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090008818
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