BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090010808
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 military records to show the award of the Meritorious Service Medal.
2. The applicant essentially states that he was presented the Meritorious Service Medal a few days after his discharge.
3. The applicant provides a Meritorious Service Medal certificate 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 military records show that he enlisted in the Regular Army (RA) on 3 January 1985. He completed initial entry training and he was awarded military occupational specialty (MOS) 68J (Aircraft Armament/Missile System Repairer). He served on active duty until he was honorably discharged with
14 years and 9 months of active service on 2 October 1999 after apparently signing a DA Form 4991-R (Declination of Continued Service Statement [DCSS]). Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 that he was issued at the time of his discharge essentially shows that he was awarded the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal (4th Award), National Defense Service Medal, Southwest Asia Service Medal with three bronze service stars, Noncommissioned Officer Professional Development Ribbon with Numeral "2," Army Service Ribbon, Overseas Service Ribbon (2nd Award), Kuwait Liberation Medal (KU) awarded by the Government of Kuwait, Kuwait Liberation Medal (SA) awarded by the Kingdom of Saudi Arabia, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Senior Aircraft Crewman Badge, and the Driver and Mechanic Badge.
3. The applicant's military records do not show that he was awarded the Meritorious Service Medal. There are also no orders in his military records awarding him the Meritorious Service Medal. The applicant provided a certificate which he claims awarded him the Meritorious Service Medal for the period
29 July 1993 to 2 October 1999, but the authenticity of this document is questionable at best. The images of the Meritorious Service Medal and the Army seal as well as the approving authority's signature appear to be superimposed on this document. The signature block for the approval authority is incomplete on the left side of the first two rows of information, and it is not properly aligned, as the third row of information is intact while the first two are cut off. Towards the top of the certificate, a date is incorrectly entered as it reads "This is to certify that the President of the United States of America authorized by Executive Order,
16 January 19G9
." Additionally, the date of the Permanent Order for this alleged award annotated on the certificate is also nonsensical, as it reads "2JLQctobei."
4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
5. The Stolen Valor Act of 2005, signed into law by President George W. Bush on 20 December 2006, is a U.S. law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, sale or claim (either written or verbal) of any military decorations and medals. It is a Federal misdemeanor offense, which carries a punishment of imprisonment for not more than 1 year and/or a fine.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show the award of the Meritorious Service Medal.
2. The fact that the applicant provided a certificate which he purportedly claims awarded him the Meritorious Service Medal was noted. However, the certificate provided by the applicant is so fraught with errors and inconsistencies that the legitimacy of this document cannot be established. Absent a properly constituted DA Form 638 (Recommendation for Award) which shows that he was in fact awarded the Meritorious Service Medal, there is no basis for correcting his military records to show this award.
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.
____________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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