IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026225
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 (MSM).
2. The applicant states the MSM is not on his DD Form 214.
3. The applicant provides an award certificate for the MSM.
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. He was inducted into the Army of the United States on 19 September 1967. He served as an infantryman in Vietnam and was honorably discharged on
6 August 1969 for enlistment in the Regular Army (RA). He enlisted in the RA on 7 August 1969 and he remained on active duty through continuous reenlistments until he retired on 30 September 1987 in the rank of first sergeant.
3. His DD Form 214 does not show the MSM as an authorized award.
4. There are no orders for the MSM in the available records.
5. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show entitlement to the MSM.
6. He provided an award certificate, dated 15 May 1989, for award of the MSM for meritorious service from October 1977 through September 1987.
7. Army Regulation 600-8-22 (Military Awards) states the MSM 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. After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Army Regulation 600-8-22 provides that each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. Meritorious service awards may be awarded, upon retirement, which may include periods of service longer than that served in the recommending command; however, it is recommended that such periods be limited to the last 10 years of service. Award recommendations submitted for meritorious service based upon retirement will be submitted so that they may be processed to conclusion prior to the requested presentation date. In determining the presentation date, the recommender must take into account the Soldiers requested retirement date, number of days of any transition leave, and authorized travel/transition processing time.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the MSM be added to his DD Form 214.
2. As proof, the applicant submitted an award certificate, dated 15 May 1989, for award of the MSM for meritorious service from October 1977 through September 1987. This certificate suggests the MSM was awarded as a retirement award; however, it is dated some 19 months after his retirement.
3. Orders are required if a personal decoration is to be added to a Soldier's DD Form 214. There are no orders for the MSM in the available records and the applicant did not provide any orders for the MSM. In the absence of orders officially awarding him the MSM or any other official corroborating evidence, the award certificate provided by the applicant that was published 19 months after his retirement is not sufficient as a basis for adding the MSM to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20100026225
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ABCMR Record of Proceedings (cont) AR20100026225
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