IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018686
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 the Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 June 2008.
2. The applicant states the MSM orders were not signed before he was released from active duty.
3. The applicant provides:
* Orders and award certificate for the MSM
* DD Form 214 for the period ending 14 June 2008.
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 was ordered to active duty on 16 June 2007 in support of Operation Iraqi Freedom. He served as a Judge Advocate General in Kuwait from 26 June 2007 to 9 June 2008. On 14 June 2008, he was released from active duty.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 14 June 2008 does not show the MSM as an authorized award.
4. Permanent Orders Number 214-13, dated 6 August 2008, show he received the MSM for exceptionally meritorious service during the period 26 June 2007 to 25 June 2008.
DISCUSSION AND CONCLUSIONS:
Orders show he received the MSM. His DD Form 214 for the period ending
14 June 2008 should be corrected to show this 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 adding the MSM to item 13 of his DD Form 214 for the period ending 14 June 2008.
_______ _ 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) AR20110018686
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ABCMR Record of Proceedings (cont) AR20110018686
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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