IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090020354
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 a copy of the orders and certificate for a Meritorious Service Medal (MSM) he was awarded on or about 31 July 1986. He also requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1986 to show this award.
2. The applicant states that he received an MSM from the commanding general of Fort Campbell, KY. He states this award was not included on his DD Form 214 because it was mailed to him after his retirement date.
3. The applicant provides a copy of his DD Form 214 for the period ending
31 July 1986.
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. With prior active service to include an overseas foreign service tour in the Republic of Vietnam, the applicant enlisted in the Regular Army on 11 February 1975. He served in military occupational specialty 11B (Infantryman).
3. Upon attaining the length of service requirements for retirement from the active armed forces, the applicant was honorably retired on 31 July 1986. He received a DD Form 214 showing he had completed 11 years, 5 months, and 20 days of net active service for the period covered by the DD Form 214 with 8 years, 7 months, and 5 days of total prior active service.
4. Item 9 (Awards, Decorations and Campaign) of the applicant's DA Form 2-1 does not show award of the MSM nor does his official military personnel file (OMPF) contain orders announcing this award.
5. Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 31 July 1986 does not show award of the MSM.
6. The MSM was established by Executive Order 11448, 16 January 1969, as amended by Executive Order 12312, 2 July 1981. It is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation who, while serving in a noncombat area after 16 January 1969, has distinguished himself or herself by outstanding meritorious achievement or service.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. A source document used to prepare the DD Form 214 is the DA Form 2-1 and official orders announcing awards and decorations.
DISCUSSION AND CONCLUSIONS:
1. Based on the lack of evidence in the applicant's OMPF to include no permanent orders awarding him the MSM, he is not entitled to correction of his DD Form 214 to show this award. Only official orders announcing an award will be used to enter an award onto a Soldier's record, including the DD Form 214.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. As the applicant has not provided a copy of the orders announcing award of the MSM, he is not entitled to a correction of his records.
3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20090020354
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