IN THE CASE OF:
BOARD DATE: 4 March 2010
DOCKET NUMBER: AR20090016596
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 his award of the Meritorious Service Medal (MSM) be located and added to his official records. In effect, he requests the orders awarding his MSM be located and placed in his records, and the award be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states when he retired at Fort Lewis, WA, in August 1980 he was awarded the MSM by general orders. The orders were never placed in his official records and his copy was destroyed in a fire.
3. The applicant provides no additional documentation in support of this case.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant is a retired Regular Army master sergeant/E-8. He retired at Fort Lewis, WA, on 31 August 1980. His retirement DD Form 214 shows the following awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Meritorious Unit Commendation, Presidential Unit Citation, Army Commendation Medal, Bronze Star Medal, overseas service bars (7), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Army Good Conduct Medal (6th Award). It does not show the MSM.
3. There are no general orders in the applicant's service personnel records that show he was awarded the MSM.
4. Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show award of the MSM.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the MSM 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.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. It states the ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his MSM orders be located and placed in his official records and the award added to his DD Form 214.
2. There are no orders in the available records and the applicant stated that his copy of the orders was destroyed in a fire. Unfortunately, the burden of proof is with the applicant. Since orders are not available, there is insufficient evidence to warrant approving the requested correction.
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.
ABCMR Record of Proceedings (cont) AR20090016596
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090016596
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090018692
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1980 to show the Korea Defense Service Medal (KDSM), Special Forces Tab, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Service Medal (MSM). The applicant provides: * excerpt on the KDSM and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * DA Form 2-1 (Personnel Qualification Record) *...
ARMY | BCMR | CY2005 | 20050018295C070206
There is no evidence that he was awarded or was recommended for award of the Joint Service Achievement Medal. The applicant's records show that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Meritorious Service Medal (Second Oak Leaf Cluster), and a silver service star for wear on his already awarded Vietnam Service Medal.
ARMY | BCMR | CY2005 | AR20050013559C070206
Jerome Pionk | |Member | | | | | | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his award of the Meritorious Service Medal (MSM) be added to his report of separation (DD Form 214). The applicant states, in effect, that he was awarded the MSM on 5 January 1981 and his records were being processed for retirement at the time and it was omitted from his DD Form 214.
ARMY | BCMR | CY2009 | 20090012076
The applicant provides under separate cover: a. his retirement DD Form 214 showing the National Defense Service Medal with bronze service star, Bronze Star Medal (1st OLC), Army Commendation Medal, Meritorious Service Medal, Air Medal, Joint Meritorious Unit Award, Meritorious Unit Commendation, Humanitarian Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Good Conduct Medal (8th Award), Republic of Vietnam Gallantry Cross Unit Citation with Palm,...
ARMY | BCMR | CY2010 | 20100009900
The applicant provides the following documents: * DD Form 214 * General Orders Number 34, dated 25 April 1969, awarding him the Purple Heart for wounds received in action on 24 April 1969 * General Orders Number 136, dated 16 May 1969, awarding him the Combat Infantryman Badge * General Orders Number 524, dated 18 January 1969, awarding him the Army Commendation Medal * DA Form 8-275-3 (Clinical Record Cover Sheet), dated 25 April 1969 * Air Medal citation and certificate * three military...
ARMY | BCMR | CY2011 | 20110010939
Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. However, his OMPF contains evidence to support only three awards, the one award that is not documented in the applicant's records is the fourth award for the period 15 to 25 June 1989 for his support to ROTC Camp Adventure, Fort Lewis. As a result, the Board recommends that...
ARMY | BCMR | CY2010 | 20100014108
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of: * Purple Heart * Meritorious Service Medal (MSM) * Combat Infantryman Badge (CIB) 2. Additionally, there is no evidence in the available record which shows the applicant was either recommended for or awarded the CIB. Although the evidence of record shows the applicant served in an infantry MOS during his tour of duty in the RVN, his record...
ARMY | BCMR | CY2013 | 20130018972
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1980 (hereafter referred to as his DD Form 214) to show the Meritorious Service Medal (MSM), "V" Device on his already-awarded Bronze Star Medal (BSM), and the Armed Forces Expeditionary Medal (AFEM). Therefore, he is entitled to correction of his DD Form 214...
ARMY | BCMR | CY2013 | 20130014161
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards, including the: * Bronze Star Medal (BSM) with "V" Device * Air Medal (AM) * Meritorious Service Medal (MSM) * Republic of Vietnam (RVN) Gallantry Cross with Silver Star * RVN Armed Forces Honor Medal First Class * Combat Infantryman Badge (CIB) 2. A DD Form 214 shows he was honorably discharged on 2 June 1968 to accept a commission. ...
ARMY | BCMR | CY2012 | 20120021777
The applicant requests correction of his records to show award of the Meritorious Service Medal (MSM). A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for or awarded the MSM. There are no orders or any other Army records that show the applicant was awarded the MSM or that he was recommended for the award.