IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110023138
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 to the dates shown on his Meritorious Service Medal (MSM).
2. The applicant states, in effect, the dates on his MSM cover the period July 1998 to July 2008 and does not cover his full period of service. His service dates are from January 1987 to July 2008. The 13th Sustainment Command (Expeditionary), Fort Hood, TX, issued the award.
3. The applicant provides a copy of his MSM 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 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 applicants military records show he enlisted in the Regular Army on 20 January 1987 and served continuously on active duty through several reenlistments.
3. The applicants records contain and he provides a copy of an MSM certificate that shows he was awarded the MSM for exceptionally meritorious service for over 21 years of service while serving in various leadership positions for the period 31 July 1998 to 31 July 2008. The certificate shows the award was issued by Permanent Orders Number 280-01, dated 6 October 2008.
4. The applicant was honorably retired on 31 July 2008 and placed on the retired list. He was credited with completing 21 years, 6 months, and 11 days of net active service.
5. Army Regulation 600-8-22 (Military Awards) states each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. For meritorious service awards at retirement, inclusion of service longer than that served within the command recommending the award is permitted. The regulation recommends that these periods not exceed 10 years and states an extended period should only be considered in those cases where the length or nature of the individuals terminal assignment would not qualify him or her for an appropriate award.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the MSM at the time of retirement for over 21 years of exceptionally meritorious service. In accordance with regulatory guidance, the certificate for this award reflected his last 10 years of service. Therefore, he is not entitled to correction of the MSM certificate to show his entire period of service beginning in 1987.
2. The evidence he submitted is insufficient to show that an error exists on his MSM certificate.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20110023138
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ABCMR Record of Proceedings (cont) AR20110023138
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