IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100020044
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) to show award of the Meritorious Service Medal.
2. The applicant states the Meritorious Service Medal is not listed on his
DD Form 214.
3. The applicant provides:
* DD Form 214
* Certificate showing award of the Meritorious Service Medal
* DA Form 67-8 (Officer Evaluation Report) from throughout his service
* Statement from his former senior rater (a general officer (GO))
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 records show he was appointed as an ordnance second lieutenant in the Regular Army and he executed an oath of office on 19 March 1979. He served in staff and leadership positions and attained the rank of captain.
3. On 20 January 1984, he was honorably discharged. Effective 21 January 1984, he accepted appointment in the U.S. Army Reserve.
4. His DD Form 214 shows the Army Service Ribbon, Air Assault Badge, Parachutist Badge, and Jungle Expert Badge.
5. Section VIIII (Awards and Decorations) of his Officer Record Brief and item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) do not show award of the Meritorious Service Medal.
6. His records do not contain official orders showing he was awarded the Meritorious Service Medal.
7. He submitted a copy of a certificate, dated 1 February 1984, that shows he was awarded the Meritorious Service Medal for exceptionally meritorious service from 19 March 1979 through 20 December 1983 in successive assignments culminating as company commander of D Company, 801st Maintenance Battalion.
8. Per a phone conversation between a staff member of the Board and the applicant, on 27 January 2010, the applicant indicated he did not have a copy of the permanent orders for the Meritorious Service Medal and that he contacted officials at the 101st Airborne Division, Fort Campbell, KY, and they were unable to locate a copy of the orders.
9. He submitted several OERs that he was issued throughout his period of military service depicting his various assignments as a maintenance control, battalion S-4 officer, missile maintenance officer, and company commander. His last two OERs for the periods 13 December 1982 through 7 July 1983 and 8 July through 13 December 2003 show he served as a company commander of the Missile Support Company 801st Maintenance Battalion. His rater was former lieutenant colonel S----y (now a retired Major General (MG)).
10. In a statement, dated 11 February 2011, his former rater, MG S----y (Retired), states that he can attest without reservation that the applicant performed the duties for which he was revered with the award of the MSM. He adds that the orders must have been misplaced or did not catch up to his file. Additionally, MG S----y (Retired) most strongly recommends the applicant's records be corrected to show this award. He believes the applicant is an outstanding officer who deserves recognition of the MSM that he was awarded.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the Meritorious Service Medal.
2. The governing Army regulation states that for personal decorations (which include the Meritorious Service Medal) formal recommendation, approval through the chain of command, and announcement in orders are required. The applicant's record is void of official orders for this award.
3. Nevertheless, the meritorious service described on the Meritorious Service Medal certificate is commensurate with his position and consistent with the duties shown on his various OERs. Additionally, his former rater, now a retired MG, confirmed the applicant was awarded the MSM. This evidence is sufficient to correct the applicant's DD Form 214 to show award of the Meritorious Service Medal. It appears the official orders were misplaced or did not catch up with the applicant's service record.
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 adding to his DD Form 214 the Meritorious Service Medal.
_______ _ _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) AR20100020044
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ABCMR Record of Proceedings (cont) AR20100020044
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