IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100016560
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 awards of the Defense Meritorious Service Medal (DMSM) and the Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 July 2005.
2. The applicant states that his awards of the DMSM and the MSM were excluded from his DD Form 214 and he desires them to be added at this time.
3. The applicant provides:
* a copy of his DMSM awarded on 2 August 2005 for the period 16 September 2004 to 11 June 2005
* a copy of his orders and certificate for the MSM awarded on 8 October 2006 for the period 1 July 1997 to 30 June 2006
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 serving as a sergeant first class in the U.S. Army Reserve when he was ordered to active duty in support of Operation Iraqi Freedom on 5 September 2004. He served until he was honorably released from active duty due to completion of required service on 1 July 2005.
3. On 2 August 2005, he was awarded the DMSM for the period 16 September 2004 to 11 June 2005.
4. On 30 April 2006, he was transferred to the U.S. Army Reserve Control Group (Retired).
5. On 8 October 2006, he was awarded the MSM for the period 1 July 1997 to 30 June 2006.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is in effect during the period covered by the DD Form 214. Information or events that occur subsequent to the date the DD Form 214 is issued will not be entered retroactively on that form unless the information/event occurred during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the DMSM for a period covered by his DD Form 214. Accordingly, he is entitled to have this award added to his DD Form 214 at this time.
2. However, the MSM that was awarded to the applicant was for a period that is outside of the period covered by the DD Form 214 and, therefore, he is not entitled to have the MSM added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the DMSM to his DD Form 214, dated 1 July 2005.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the MSM to his DD Form 214.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20100018125
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100016560
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