IN THE CASE OF:
BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110010758
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM).
2. He states that he recently found a copy of the certificate for the MSM stapled to other documents he received from the Army Reserve Personnel Center. The award was issued after his retirement. He thought it may have been denied until he found the copy of the certificate.
3. He provides copies of the MSM Certificate and his DD Form 214.
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 enlisted in the Regular Army on 22 October 1968 for a period of 3 years in pay grade E-1. He completed training and he was awarded military occupational specialty 12B (Combat Engineer).
3. He served continuously on active duty through several reenlistments until he was honorably retired on 31 May 1989 for length of service. He completed 20 years, 7 months, and 9 days of creditable active service and no time lost.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 May 1989 does not show the MSM as an authorized award.
5. Item 9 (Awards, Decorations, and Campaign) of his DA Form 2-1 (Personnel Qualification Record Part II) does not list the MSM.
6. There are no orders in his records awarding him the MSM.
7. He provided a copy of a certificate, dated 13 July 1989, that awarded him the MSM for outstanding meritorious service during 20 years of faithful and honorable duty.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was awarded the MSM; however, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the MSM. There is no evidence orders were published authorizing him award of the MSM. In accordance with regulatory guidance, there is no automatic entitlement to any award, to include the MSM, upon reassignment, release, or discharge from the service.
2. He has not shown error, injustice, or inequity for the relief he now requests.
3. In view of the foregoing, there is an insufficient evidentiary basis for adding the MSM to 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 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) AR20110010758
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110010758
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130008637
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1989 to show award of the Meritorious Service Medal (MSM). The applicant provides his MSM Certificate.
ARMY | BCMR | CY2010 | 20100026225
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). He provided an award certificate, dated 15 May 1989, for award of the MSM for meritorious service from October 1977 through September 1987. Award recommendations submitted for meritorious service based upon retirement will be submitted so that they may be processed to conclusion prior to the requested presentation date.
ARMY | BCMR | CY2014 | 20140002165
Both his DA Form 2-1 (Personnel Qualification Record - Part II) and the DD Form 214 he was issued at the time of his retirement show he was awarded or authorized a plethora of awards and decorations, to include one MSM. He provides two DA Forms 4980-12 that show: a. on 7 December 1987, he was awarded the MSM for exceptionally meritorious service while serving as Platoon Sergeant, Company C, 3d Battalion, 8th Cavalry Regiment, 3d Armored Division, during the period 15 January 1985 to 8...
ARMY | BCMR | CY2013 | 20130008092
The applicant requests an unspecified unit citation and meritorious service award (apparently he means the Meritorious Service Medal (MSM)) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). However, there are no orders for the MSM or any other personal decoration (except for the Army Achievement Medal now shown on his DD Form 214) in the available records. Therefore, there is insufficient evidence on which to base adding the MSM or any other personal...
ARMY | BCMR | CY2014 | 20140017514
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). The certificate provided by the applicant indicates that he was awarded the MSM for meritorious service during the period 20 December 1962 to November 1988. There are no available orders announcing the applicant's award of the MSM in his available military record.
ARMY | BCMR | CY2011 | 20110021503
The applicant requests that his award of the Meritorious Service Medal (MSM) 3d Oak Leaf cluster (3OLC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that he be awarded the Korea Defense Service Medal (KDSM). The award of the MSM provided by the applicant is not contained in his official records and shows that he was awarded the MSM (3OLC) for meritorious service from 28 February 1984 to 1 March 1994 and was awarded on 30 December 1993 in Permanent...
ARMY | BCMR | CY2014 | 20140010446
d. The ARBA letter states that the applicant's MSM was not upgraded because his performance of assigned staff duties was insufficient. Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service. Senator in 2012 for award of the LOM for achievement based on advice from the Awards Branch at HRC.
ARMY | BCMR | CY2012 | 20120008357
The following general orders (GO) published by Headquarters, 9th Infantry Division awarded the applicant the following awards as indicated: * GO Number 7566, dated 26 August 1968, awarded him the BSM with "V" Device for heroism in Vietnam on 24 June 1968 * GO Number 8191, dated 9 September 1968, awarded him BSM with "V" Device for heroism in Vietnam on 12 and 13 August 1968 * GO Number 2550, dated 5 March 1969, awarded him the BSM (2nd OLC) for meritorious service in Vietnam for the period...
ARMY | BCMR | CY2009 | 20090012651
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty), issued on 26 May 2007, be corrected to show award of the Bronze Star Medal (BSM), Meritorious Service Medal (MSM) (3rd Award), Army Commendation Medal (ARCOM) (3rd Award), and the Meritorious Honor Award. Army Regulation 600-8-22 (Military Awards), paragraph 1-41 states that the order and precedence for awards and decorations when worn are as follows: a. Decorations, the Good Conduct Medal,...
ARMY | BCMR | CY2014 | 20140016018
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). There are no recommendations, certificates, or orders in the applicant's official military personnel file for award of the MSM. He provided no orders showing he was awarded the MSM and no evidence was found in his military personnel record.