IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100018303
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 September 2005 and his National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) for the period ending 31 July 2007 to show award of the Meritorious Service Medal (MSM) (2nd Award).
2. He states his records were not closed with current information upon his retirement.
3. He provides a:
* 2005 MSM Certificate
* 2005 DD Form 214
* DA Form 638 (Recommendation for Award) for the MSM
* 2007 MSM Certificate
* 2007 NGB Form 22
* 2007 Louisiana Army National Guard (LAARNG) separation orders
* mailing envelope from the LAARNG
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 military records show he was appointed in the LAARNG as a chief warrant officer two on 13 August 1986, with prior enlisted service. He completed training and he was awarded military occupational specialty 153D (UH-60 Pilot.) He was ordered to active duty in support of Operation Iraqi Freedom (OIF) and he entered on active duty on 15 July 2004.
3. He provided a certificate which awarded him the MSM for meritorious service in support of OIF from 23 August 2004 to 15 July 2005, by Permanent Orders 165-009, issued by the Coalition Forces Land Component Command, Camp Arifjan, Kuwait, dated 14 June 2005.
4. He was honorably released from active duty on 20 September 2005 and he was transferred to his LAARNG unit.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does list the MSM.
6. He also provided a DA Form 638, dated 25 January 2007, recommending him for a retirement award of the MSM for the period 13 August 1986 to 1 June 2007. The award was approved by Permanent Orders 101-053, issued by the LAARNG on 11 April 2007. He also provided the associated certificate for this award.
7. He was honorably retired from the LAARNG on 31 July 2007.
8. Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) of his NGB Form 22 lists only one award of the MSM.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement,
discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty serv8ice at the time of release from active duty, retirement, or discharge.
10. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows Permanent Orders 165-009, dated 14 June 2005, awarded the applicant an MSM for meritorious service from 23 August 2004 to 15 July 2005. This award is correctly shown on his 2005 DD Form 214 and 2007 NGB Form 22.
2. The evidence also shows Permanent Orders 101-053, dated 11 April 2007, awarded him a second MSM for meritorious service in the LAARNG from 13 August 1986 to 1 June 2007. Therefore, this evidence is sufficient to correct his records to show the MSM (1st oak leaf cluster) on his 2007 NGB Form 22.
3. Although the applicant in fact received two awards of the MSM, the second award was issued for a period of service ending after his release from active duty. Therefore, the second award of the MSM is not authorized for entry on his DD Form 214 for the period ending 20 September 2005.
4. In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by deleting from item 15 of his NGB Form 22 for the period ending 31 July 2007 the Meritorious Service Medal and replacing it with the Meritorious Service Medal (1st oak leaf cluster).
2. The Board further determined that 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 adding a second award of the Meritorious Service Medal to his DD Form 214 for the period ending 20 September 2005.
____________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) AR20100018303
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ABCMR Record of Proceedings (cont) AR20100018303
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