IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110012362
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 retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his Meritorious Service Medal with 1st Oak Leaf Cluster.
2. The applicant states his DD Form 214 was finalized on 18 August 1992, but the order for his second Meritorious Service Medal was not signed until 27 August 1992.
3. The applicant provides copies of the award certificate and Oklahoma Army National Guard Permanent Order 55-16 for his Meritorious Service Medal with 1st Oak Cluster, dated 27 August 1992.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant, an Army National Guard sergeant first class, retired from active duty on 31 August 1992 and transferred to the U.S. Army Reserve Control Group (Retired) after almost 10 years of continuous active duty. He previously had over 10 years of active duty in the U.S. Marine Corps (USMC).
3. His retirement DD Form 214 lists only one award of the Meritorious Service Medal.
4. The award certificate and Oklahoma Army National Guard Permanent Order 55-16, dated 27 August 1992, show he was awarded the Meritorious Service Medal with 1st Oak Cluster.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded the Meritorious Service Medal with 1st Oak Cluster after his DD Form 214 was prepared. It should be added.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the Meritorious Service Medal (2nd Award) to the awards listed on his retirement DD Form 214.
_____________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) AR20110012362
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ABCMR Record of Proceedings (cont) AR20110012362
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