IN THE CASE OF:
BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110003427
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 that his award of the Meritorious Service Medal be added to his DA Form 2-1 (Personnel Qualification Record - Part II) and included in his Military Personnel Records Jacket.
2. The applicant states that his records had been sent to the Army Reserve Personnel Center (ARPERCEN) prior to his Meritorious Service Medal being finalized. Because of this his unit could not make the proper entry on his DA Form 2-1. The copy of his DA Form 2-1 received from the National Personnel Records Center (NPRC) does not reflect this award and he would like to have a corrected copy of the DA Form 2-1 to reflect all of his awards.
3. The applicant provides copies of a 29 October 1957 DD Form 214 (Report of Transfer or Discharge), a 29 October 1954 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of the United States and the Army National Guard of North Carolina), a DA Form 638-1 (Recommendation for Award) for the Meritorious Service Medal, a Meritorious Service Medal Award Certificate, his retirement orders, and a DA Form 2-1.
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, a retired Army Reserve chief warrant officer four, had a career spanning over 41 years of Regular Army, Army National Guard, and U.S. Army Reserve service.
3. On 10 September 1994, his award of the Meritorious Service Medal was approved by the 120th Army Reserve Command (Permanent Orders Number 09-014).
4. The applicant was retired, effective 30 September 1994, based on attaining maximum age.
5. The applicant's official records do not include a copy of the orders for the Meritorious Service Medal.
6. The DA Form 2-1 lists his awards as the Armed Forces Reserve Medal (3rd award), Army Reserve Components Achievement Medal (5th award), Army Good Conduct Medal, Army Achievement Medal (2nd award), Army Service Ribbon, National Defense Service Medal (1), Army Commendation Medal, Senior Parachutist Badge, and the Expert Marksmanship Qualification Badge.
7. In accordance with the Memorandum of Agreement, dated November 4, 1998, the NPRC has been authorized to prepare a DA Form 1577 (Authorization for Issuance of Awards), for replacement medals for veterans, retirees, and their next of kin.
DISCUSSION AND CONCLUSIONS:
1. A copy of the applicant's award of the Meritorious Service Medal should have been forwarded to ARPERCEN for inclusion in his official records. It is appropriate to correct this oversight by including a copy of the orders awarding the Meritorious Service Medal in the applicant's official records.
2. While this decisional document serves to document the applicant's award of the Meritorious Service Medal, there is no official process in place to actually correct an error and omission on a DA Form 2-1 or to reissue the form.
3. The most relevant document that could be created to list all of the applicant's awards is a DA Form 1577. This document is used by the NPRC to request/authorize issuance of replacement awards and decorations. If the applicant would like this form to be prepared, he should apply directly, on a Standard Form 180, to National Personnel Records Center, 1 Archives Drive,
St. Louis, MO 63138. Further information on this issue can be obtained at: http://www.cufon.org/CRG/memo/1865124.html.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Meritorious Service Medal orders to his official record.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Meritorious Service Medal to his DA Form 2-1.
_______ _ 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) AR20110003427
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110003427
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090000768
The applicant states, in effect, that he was awarded the AGCM after his release from active duty (REFRAD). This case is being considered using reconstructed records that primarily consist of the applicant's DD Form 214, an NA Form 13038 (Certification of Military Service) issued by the National Archives and Records Administration, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and a DA Form 1577 (Authorization for Issuance of Awards) that remain in the...
ARMY | BCMR | CY2013 | 20130022122
In particular he lists: * 50th Anniversary World War II Commemorative Medal * Army Commendation Medal * World War II Victory Medal * Good Conduct Medal * American Campaign Medal * Armed Forces Expeditionary Medal * American Defense Service Medal * Combat Action Medal * Combat Medical Badge * Purple Heart * Silver Star * Special Congressional Commendation * Meritorious Unit Emblem * Army Service Ribbon * Overseas Service Ribbon * Bronze Star * Presidential Unit Emblem * Joint Meritorious Unit...
ARMY | BCMR | CY2008 | 20080008541
The applicant's military record is not available to the Board for review. The NPRC file in this case is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the BSM by proper authority while serving on active duty, and the applicant has failed to provide independent evidence supporting award of the BSM. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the...
ARMY | BCMR | CY2014 | 20140009781
The applicant, the daughter of a deceased former service member (FSM), requests correction of his records to show award of the: * Purple Heart * Prisoner of War Medal 2. Although the FSM's military records were destroyed by fire, sufficient Army records show he was wounded by enemy action and treated; therefore, he is entitled to award of the Purple Heart for injuries incurred on 10 December 1944 and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends...
ARMY | BCMR | CY1980-1989 | 8708990
The applicant requests reconsideration of his application for correction of his military records wherein he had asked that he be awarded the Silver Star. Based on his request to the US Army Reserve Personnel Center (ARPERCEN) the applicant was issued a DA Form 1577 (Authorization for Issuance of Awards) dated 9 May 1994 which shows that he is entitled to the BSM with OLC (but does not indicate that he is also authorized a “V” device), and all of the awards indicated in paragraph 5, above,...
ARMY | BCMR | CY2008 | 20080001788
Application for correction of military records (with supporting documents provided, if any). The applicant's military record is not available to the Board for review. There are no documents in the applicant's NPRC file that indicate he was ever recommended for or awarded the SS by proper authority.
ARMY | BCMR | CY1996 | 9607039C070209
APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to show that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Vietnam Campaign Medal (VCM), the Sharpshooter Badge with rifle bar, the Army Commendation Medal (ARCOM), the Good Conduct Medal, the Presidential Unit Citation, the Purple Heart and 2 Overseas Service Bars. DISCUSSION: Considering all the evidence, allegations, and information presented by the...
ARMY | BCMR | CY2013 | 20130002483
The applicant states he was awarded the Purple Heart after he departed Vietnam and it was never added to his DD Form 214. On 5 May 1989, the U.S. Army Reserve Personnel Center (ARPERCEN) issued a DA Form 1577 authorizing the issuance of medal sets to the applicant for the Purple Heart and the awards listed on his DD Form 214. Therefore, absent evidence to show he is entitled to award of the Purple Heart, there appears to be no basis to grant his request to enter the Purple Heart on his DD...
ARMY | BCMR | CY2008 | 20080017380
The applicant provides copies of an extract of Enlisted Record, recorded on 26 March 1945; WD AGO Form Number 55 (Army of the United States Honorable Discharge), dated 3 March 1944; DA Form 1569 (Transcript of Military Record), issued on 9 August 1974; National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), dated 17 April 2006; and National Personnel Records Center (NPRC), Military Personnel Records (MPR), St. Louis, Missouri, letter, dated 27...
ARMY | BCMR | CY2012 | 20120005789
The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below excellent. The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the [Report of Separation and] discharge certificate. He completed 10 months and 9 days of active service, which again did not qualify him for award of the Army...