BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110015796
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his award of the Meritorious Service Medal.
2. The applicant states he attempted to have his Meritorious Service Medal added to his DD Form 214 several times prior to his separation. He had given the officer in charge of the personnel center his last set of orders. He was just recently advised of the appeal process.
3. The applicant provides a copy of his Meritorious Service Medal Award Certificate.
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 served in the Regular Army in an enlisted status from 25 May 1978 through 4 March 1980 and as a warrant officer from 5 March 1980 through his retirement on 30 September 1992.
3. Headquarters, III Corps and Fort Hood, Permanent Order A-179-2, dated 19 November 1987, awarded the applicant the Meritorious Service Medal for the period 19 December 1980 to 15 December 1987.
4. The applicant's DD Form 214 does not list the Meritorious Service Medal among the applicant's awards.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded the Meritorious Service Medal on 19 November 1987. However, it was not included on his DD Form 214. It is appropriate to correct this oversight.
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 to his DD Form 214 for the period ending 30 September 1992.
__________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) AR20110015796
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110015796
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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