IN THE CASE OF:
BOARD DATE: 4 March 2010
DOCKET NUMBER: AR20090015470
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, in effect, that the Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, he was awarded the MSM; however, the award was not included in the list of awards contained in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 because it was not approved and awarded in a timely manner.
3. The applicant provides his DD Form 214, MSM certificate, and DA Form 638 (Recommendation for Award) 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 he enlisted in the Regular Army on 7 June 1983, and he continuously served on active duty until 31 December 2001, at which time he was honorably retired in the rank of sergeant first class.
3. The DD Form 214 issued to the applicant upon his retirement on
31 December 2001 shows he completed a total of 18 years, 6 months, and
24 days of active military service. Item 13 shows he earned the following awards during his active duty tenure: Army Commendation Medal (3rd Award), Army Achievement Medal (5th Award), Army Good Conduct Medal (5th Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Expert Infantryman Badge, Senior Parachutist Badge, Parachutist Badge, Air Assault Badge, Driver and Mechanic Badge with W (Driver) Bar, Drill Sergeant Identification Badge, and United States Army Basic Recruiter Badge with 2 Gold Achievement Stars. The MSM is not included in the list of awards contained in item 13.
4. The DA Form 638 provided by the applicant shows he was awarded the MSM for meritorious service during the period 6 June 1992 to 1 April 2002, in United States Army Training Center and Fort Jackson, Fort Jackson, South Carolina, Permanent Order Number 030-001.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item preparation instructions for the DD Form 214. The instructions for item 13 state, in pertinent part, to list awards and decorations for all periods of service.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the MSM should be added to his DD Form 214 was carefully considered and found to have merit. The evidence of record confirms the applicant was awarded the MSM for meritorious service and that this award was authorized and announced in official orders. Therefore, the omission of the award from his DD Form 214 was the result of the untimely processing of the award and as a result, it would be appropriate to add it to the list of awards contained in item 13 of his DD Form 214 at this time.
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 amending item 13 of his DD Form 214 by adding the Meritorious Service Medal and providing his a correction to his DD Form 214 that includes this change.
_______ _ 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) AR20090015470
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