IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110004344
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) (First Oak Leaf Cluster (1OLC)).
2. He states he received the MSM (1OLC) upon his retirement from the service.
3. He provides his DD Form 214 and DA Form 638 (Recommendation for Award) with transmittal memorandum.
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 applicants records show he enlisted in the Regular Army (RA) on 9 May 1973 and was honorably released on 7 May 1976. On 4 February 1977, he again enlisted in the RA and through a series of reenlistments, remained in the Army until he was honorably retired on 28 February 1994.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the MSM (1OLC).
4. His DA Form 638 shows award of the MSM (1OLC) was approved by Permanent Order Number 9-10, published by Headquarters, U.S. Army Recruiting Command, Fort Knox, KY, dated 31 January 1994.
DISCUSSION AND CONCLUSIONS:
Permanent orders verify that the applicant was awarded the MSM (1OLC). Therefore, his DD Form 214 should be corrected to show this award.
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 adding to item 13 of his DD Form 214 the MSM (1OLC).
_______ _ __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) AR20110004344
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ABCMR Record of Proceedings (cont) AR20110004344
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