BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20090020673 


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 his first name be corrected to read Charlie instead of Charles on his orders and certificate for his third Meritorious Service Medal.  In addition, he requests the orders and certificate be corrected to read "Meritorious Service Medal with Second Oak Leaf Cluster."

2.  The applicant states he has been awarded three awards of the Meritorious Service Medal and his given first name is Charlie not Charles.

3.  The applicant provides copies of:

* a letter, dated 16 October 2009, from U.S. Army Tank - Automotive and Armaments Command, Philadelphia, PA
* a memorandum, dated 30 October 1997, from U.S. Army Reserve Personnel Center, St. Louis, MO
* his orders and certificate for award of the Meritorious Service Medal for the period 10 July 1986 through 9 July 1996
* his orders and certificate for award of the Meritorious Service Medal for the period from 1 October 1979 through 31 August 1981
* his orders and certificate for award of the Meritorious Service Medal with First Oak Leaf Cluster for the period 1 September 1982 through 
1 September 1985


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 was commissioned a second lieutenant in the U.S. Army Reserve (USAR) on 10 June 1968 and he continued to serve in the USAR and the Army National Guard until his transfer to the Retired Reserve on 9 July 1996.

3.  Headquarters, 80th Division (Training), USAR, Richmond, VA Permanent Orders 6-4, dated 11 March 1982, awarded the applicant the Meritorious Service Medal for meritorious service during the period 1 October 1979 - 31 August 1981.  He is identified with the first name Charlie and the social security number (SSN) ***-**1051.   The certificate for this award identifies him with the first name as Charlie.

4.  Headquarters, 80th Division (Training), USAR, Richmond, VA Permanent Orders 25-1, dated 9 December 1985, awarded the applicant the Meritorious Service Medal with First Oak Leaf Cluster for meritorious service during the period 1 September 1982 - 1 September 1985.  He is identified with the first name Charlie and the SSN ***-**1051.   The certificate for this award indicates First Oak Leaf Cluster and identifies him with the first name as Charlie.

5.  Office of the Chief, Army Reserve, Washington DC Permanent Orders #226-45, dated 15 October 1997, awarded the applicant the Meritorious Service Medal with First Oak Leaf Cluster for outstanding meritorious service during the period 15 July 1986 - 9 July 1996.  He is identified with the first name Charles and the SSN ***-**-1051. The certificate for this award does not show any Oak Leaf Clusters and identifies him with the first name as Charles.


6.  The applicant is identified throughout his official military file (OMPF) with the first name Charlie and the SSN ***-**-1051.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his orders and certificate for his third award of the Meritorious Service Medal should show his first name as Charlie instead of Charles.  He also contends the order and certificate should show this to be his third award (Second Oak Leaf Cluster) of the Meritorious Service Medal.

2.  The applicant is identified on two previous awards of the Meritorious Service Medal and throughout his OMPF with the first name of Charlie.   The two previous sets of orders for the award of the Meritorious Service Medal and the orders dated 15 October 1997 show his SSN as ***-**-1051.  Therefore, the third set of orders is clearly for the same individual and should reflect the award of the Meritorious Service Medal with Second Oak Leaf Cluster and show his first name as Charlie.

3.  The applicant's Meritorious Service Medal Certificate for the period 10 July 1986 - 9 July 1996 should read "Meritorious Service Medal with Second Oak Leaf Cluster" and his first name should be shown as Charlie.

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:

* Correcting Office of the Chief, Army Reserve, Washington DC Permanent Orders #226-45, dated 15 October 1997, to award him the Meritorious Service Medal with Second Oak Leaf Cluster and to show his first name as Charlie

* Reissuing his Meritorious Service Medal Certificate for the period 10 July 1986 - 9 July 1996 to read "Meritorious Service Medal with Second Oak Leaf Cluster" and to show his first name as Charlie



      _______ _  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)                                         AR20090020673



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ABCMR Record of Proceedings (cont)                                         AR20090020673



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