BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014625
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:
a. His DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Meritorious Service Medal.
b. His social security number (SSN) be corrected on Permanent Orders
175-67, dated 6 November 1987, issued by Headquarters, 2d Armored Division, Fort Hood, Texas.
2. The applicant states he was issued the above orders after he retired.
3. The applicant provides a copy Permanent Orders 175-67.
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. On 31 October 1987, the applicant was released from active duty and placed on the retired list. The highest rank/grade he attained while on active duty was sergeant first class/E-7.
3. Permanent Orders 175-67 awarded the applicant the Meritorious Service Medal for meritorious service during the period 4 October 1985 through 31 October 1987.
4. The applicant's SSN consistently appears as "xxx-38-xxxx" rather than
"xxx-36-xxxx" throughout his records.
5. DA Form 4187 (Personnel Action) shows that on 23 January 1987, the applicant was approved for an early departure from his unit to his home of record with an assignment to Fort Lewis, Washington.
6. DA Form 2339 (Application for Voluntary Retirement) shows the applicant completed 20 years and 10 days of active service and his SSN is shown as
"xxx-38-xxxx."
7. The applicant's DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Meritorious Service Medal.
8. 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.
9. Army Regulation 600-8-105 (Military Orders) states Permanent Orders are required for certain awards to include the Meritorious Service Medal. Required information on the order includes a standard name line for a Soldier consisting of the name, SSN, current grade of rank, unit of assignment (including the unit identification code), and station of assignment. Issue only one corrected copy of the order. Further corrections will be made by revoking and reissuing the order.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his DD Form 214 should be corrected to show award of the Meritorious Service Medal and that Permanent Orders 175-67 should be corrected to show his correct SSN as "xxx-38-xxxx" were carefully considered and determined to have merit.
2. The applicant's SSN consistently appears as "xxx-38-xxxx" throughout his records. As such, it appears the SSN on Permanent Orders 175-67 was the result of a typographical error. Therefore, he is entitled to correction of this document and his DD Form 214 to show award of the Meritorious Service Medal.
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:
a. Deleting SSN "xxx-36-xxxx" from Permanent Orders 175-67, dated 6 November 1987, issued by Headquarters, 2d Armored Division, Fort Hood, Texas, and showing the SSN as it is listed on his DA Form 2339.
b. Adding the Meritorious Service Medal to item 13 of his 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) AR20110014625
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ABCMR Record of Proceedings (cont) AR20110014625
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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