IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100029062
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 he was awarded the medal but never received the amended DD Form 214.
3. The applicant provides copies of a letter from the National Personnel Records Center, dated 17 November 2008, and the 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. Since joining the Army Reserve in 1978 the applicant has served on active duty twice, from October 1988 to March 1989 and from December 1990 to June 1991.
3. He was awarded the Meritorious Service Medal by the 63d Army Reserve Command on 18 September 1994 for the period 6 December 1990 to
15 November 1992.
4. 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. It 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. Records show the applicant was awarded the Meritorious Service Medal on 18 September 1994, more than three years after he was released from active duty. While the period covered by the award includes seven months of his active duty service, the applicant was not on active duty for the remaining 17 months of the period.
3. 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 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 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) AR20100017784
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100029062
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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