IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110002153
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 the Military Outstanding Volunteer Service Medal (MOVSM) and Meritorious Service Medal (MSM) (3rd Award).
2. The applicant states he believes an error caused two retirement awards to be omitted from his DD Form 214.
3. The applicant provides
* National Personnel Records Center Letter dated 11 November 2010
* two DA Forms 638 (Recommendation for Award)
* Narrative for Legion of Merit (LOM)
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 record shows he entered active duty on 24 September 1981 and continuously served until he was honorably retired from active duty in the rank of master sergeant. The DD Form 214 issued at that time shows he completed 20 years and 7 days of creditable active duty service.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) includes an entry which shows he earned the MSM (2nd Award) during his tenure on active duty. It does not include the MOVSM.
4. He provides a DA Form 638 dated 7 July 2001, which shows:
a. a recommendation was made to award the applicant the LOM
b. his previous awards included the two MSMs, four Army Commendations Medals, and five Army Achievement Medals;
c. the approval authority downgraded the LOM recommendation to the MSM; and
d. Headquarters, United States Army Reserve Command, Fort McPherson, Georgia, published Permanent Order Number 283-013 dated 9 October 2002, announcing the applicant's award of the MSM with 2nd Oak Leaf Cluster (OLC), signifying his third award of this medal.
5. The applicant's official military personnel file (OMPF) includes the MSM certificate that corresponds with the DA Form 638 the applicant provides.
6. The applicant provides a second DA Form 638 dated 7 July 2001, which shows his commander, a colonel (COL/O-6), approved the recommendation for his award of the MOVSM.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-23 states:
a. The MOVSM is awarded to members of the Armed Forces of the United States and their Reserve Components, who subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct and consequential nature.
b. Approval authority for award of the MOVSM will be commanders serving in the rank of lieutenant colonel or higher. Before the recommendation is forwarded to the award approval authority, the recommender must certify that the service member meets the eligibility criteria for award of the MOVSM. Substantiating documentation, such as record of hours contributed, letters or certificates from activity supervisors, or other proof of the service member's volunteer services may be attached as enclosures to the recommendation.
c. The MOVSM is categorized as a service medal that is not announced in orders.
DISCUSSION AND CONCLUSIONS:
The evidence of record and evidence provided by the applicant clearly and convincingly shows that he was awarded the MOVSM and MSM (3rd Award). Therefore, his records should be corrected to show these awards.
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:
a. adding the Military Outstanding Volunteer Service Medal and Meritorious Service Medal (3rd Award) to item 13 of his DD Form 214; and
b. issuing a correction to his DD Form 214 to reflect these awards.
_______ _ _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) AR20110002153
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110002153
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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