IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100024224 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Meritorious Service Medal.

2.  The applicant states he did not realize the award was not recorded on his DD Form 214.

3.  The applicant provides a copy of his DA Form 638 (Recommendation for Award) and DA Form 4980-12 (Meritorious Service Medal Certificate).

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's military records are not entirely available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his Vietnam era records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army for a period of 3 years on 9 July 1963.  Upon completion of training he was awarded military occupational specialty (MOS) 97B (Military Intelligence Coordinator).

4.  A DD Form 214 shows the applicant was honorably released from active duty on 21 June 1966 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation that terminated on 8 July 1969.

	a.  He completed 2 years, 11 months, and 13 days of net active service and 1 year, 8 months, and 12 days of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Vietnam Service Medal and National Defense Service Medal.

5.  The applicant had a break in service from 9 July 1969 to 28 September 1977.

6.  The applicant enlisted in the USAR on 29 September 1977.

7.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 6 (Military Occupational Specialties) he was awarded MOS 75Z5O (Personnel Sergeant) on 3 May 1985;

	b.  item 9 (Awards and Decorations) he was awarded or authorized the National Defense Service Medal (2nd Award), Vietnam Service Medal (and credit for participation in three campaigns – Vietnam Advisory, Vietnam Defense, and Vietnam Counteroffensive), Republic of Vietnam Campaign Medal, three overseas service bars, Army Service Ribbon, Army Reserve Components Achievement Medal (6th Award), Army Reserve Components Overseas Training Ribbon (3rd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Armed Forces Reserve Medal (2nd Award) with "M" Device, Army Achievement Medal, Army Commendation Medal (4th Award), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 

	c.  item 18 (Appointments and Reductions) he was promoted to master sergeant/pay grade E-8 on 1 February 1990 and laterally appointed to first sergeant (E-8) on 26 March 1990.

8.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), as corrected by two DD Forms 215 (Correction to DD Form 214), dated 12 May 1992 and 28 October 2003, shows the applicant was ordered to active duty on 22 January 1991 in support of Operations Desert Shield/Desert Storm, was honorably released from active duty on 12 June 1991, and transferred to the 403rd Replacement Detachment, USAR, Punxsutawney, Pennsylvania.

	a.  He completed 4 months and 21 days of net active service during this period.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal (2nd Award), Vietnam Service Medal, Army Commendation Medal, Army Reserve Components Achievement Medal (3rd Award), Republic of Vietnam Campaign Medal, Overseas Service Ribbon with Numeral 3, Army Reserve Components Overseas Training Ribbon with Numeral 2, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Armed Forces Reserve Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, Army Lapel Button, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Headquarters, 99th Regional Support Command, Oakdale, Pennsylvania, Orders 01-191-018, dated 10 July 2001, released the applicant from the 403rd Adjutant General Replacement Detachment and transferred him to the USAR Control Group (Retired Reserve) effective 1 July 2001.

10.  The applicant provides a DA Form 638 and DA Form 4980-12 that show he was awarded the Meritorious Service Medal for meritorious service for the period 31 January 1991 to 31 January 2001 on the occasion of his retirement per Headquarters, 99th Regional Support Command, Coraopolis, Pennsylvania, Permanent Order Number 7-26, dated 7 January 2002.

11.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  The version of Army Regulation 635-5 in effect at the time of the applicant's separation from active duty on 21 June 1966 shows the instructions for item 26 were to enter decorations awarded or authorized during period covered by the DD Form 214.

	b.  The version of Army Regulation 635-5 in effect at the time of the applicant's separation from active duty on 12 June 1991 shows the instructions for item 13 were to enter authorized awards for all periods of service (check Soldier's service records for the validity of awards).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Meritorious Service Medal.

2.  The applicant's two DD Forms 214 show he served on active duty from 9 July 1963 through 21 June 1966 and from 22 January through 12 June 1991.

3.  Records show the applicant was awarded the Meritorious Service Medal for the period 31 January 1991 to 31 January 2001.

4.  There is no evidence of record that shows the applicant was awarded the Meritorious Service Medal prior to the Meritorious Service Medal he was awarded on the occasion of his retirement from the U.S. Army Reserve on 30 June 2001.

5.  The instructions in the Army regulation governing the DD Form 214 in 1966 are clear in that only decorations awarded or authorized during the period covered will be entered in item 26 of the DD Form 214.  With respect to the DD Form 214 issued in 1991, the instructions were to check the Soldier's records at the time of separation for the validity of awards to be entered in item 13 of the DD Form 214.  Inasmuch that the applicant was not awarded or authorized the Meritorious Service Medal at the time of his separation from active duty on either occasion, he is not entitled to correction of either of his DD Forms 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know 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.



      ____________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)                                         AR20100017784



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ABCMR Record of Proceedings (cont)                                         AR20100024224



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