BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009661
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show two awards of the Meritorious Service Medal.
2. The applicant states that he received two awards of the MSM and his
DD Form 214 only reflects one award. He desires his DD Form 214 to be corrected to reflect both awards.
3. The applicant provides a copy of his DD Form 214 and a copy of the citation he contends represents the missing award.
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 was serving in the rank of Chief Warrant Officer Four (CW4) on 31 May 1996 when he was retired and was transferred to the Retired List effective 1 June 1996. He had served 20 years, 8 months and 28 days of active service.
3. His DD Form 214 issued at the time of his retirement shows that he was awarded one award of the MSM.
4. A review of his official records failed to reveal any orders awarding him the MSM. However, his Officer Record Brief reflects one award of the MSM.
5. The MSM citation provided by the applicant with his application reflects that the applicant was awarded the MSM for the period of 5 August 1988 to 2 June 1992 in permanent orders number 53-7, issued at Fort Huachuca, Arizona.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that entries placed on the DD Form 214 will be supported by information obtained from the individuals official records. Authenticated orders are required for the entry of awards on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded two awards of the MSM is not in doubt, orders are required for entry of awards on the DD Form 214.
2. The evidence submitted with his application and the evidence of record fail to show that he was awarded two awards of the MSM.
3. The applicants official records do not contain copies of orders awarding him any MSMs and since his DD Form 214 contains only one award of the MSM, it must be presumed that the citation he provides serves to support the one MSM entry on his DD Form 214.
4. Therefore, in the absence of sufficient evidence to show that he was awarded two awards of the MSM, there appears to be no basis to grant his request at this time.
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) AR20110009661
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ABCMR Record of Proceedings (cont) AR20110009661
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