IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110011365
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 the award of the Meritorious Service Medal (MSM) be removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that the award of the MSM was mistakenly added to his DD Form 214 because he was recommended for award of the MSM; however, it was downgraded to an Army Commendation Medal (ARCOM) and apparently the clerk did not notice the downgrade. However, he was not awarded the MSM and it should be removed.
3. The applicant provides a copy of his DD Form 214 and his award recommendation (DA Form 638).
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 8 August 2000. He completed his training as an air traffic control equipment repairer and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-6 on 1 October 2004.
3. On 16 August 2005, while stationed at Hunter Army Airfield, Georgia, he was recommended for award of the MSM due to a permanent change of station (PCS) for the period of 11 September 2001 to 28 February 2006. The battalion commander recommended a downgrade to award of the Army Commendation Medal and the Brigade approved the downgrade on 15 June 2006.
4. On 21 January 2007, while stationed at Fort Huachuca, Arizona, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 6 years, 5 months, and 14 days of active service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the MSM.
5. A review of his official records shows no evidence to indicate that he was awarded the MSM.
6. Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal 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. After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be
awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that information contained on the DD Form 214 will be obtained from official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the entry of the award of the MSM was an administrative error and should be removed from his DD Form 214 has been noted and found to have merit.
2. A review of his official records shows no evidence to indicate that he was awarded the MSM during the period covered by the DD Form 214.
3. Accordingly, it would be appropriate at this time to remove the award of the MSM from his DD Form 214.
BOARD VOTE:
___X__ _ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the award of the MSM from block 13 of his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20110011365
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ABCMR Record of Proceedings (cont) AR20110011365
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