Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120000193
Original file (20120000193.txt) Auto-classification: Denied

		

		BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20120000193 


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). 

2.  The applicant states:

* He was awarded the MSM upon his honorable discharge in 1996
* This award was not added to this DD Form 214
* The award was mailed to him after his discharge from the military

3.  The applicant provides his DD Form 214. 

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 was commissioned a second lieutenant in the Regular Army on 27 May 1987 and he entered active duty.  On 31 July 1996, he was honorably discharged in the rank of captain for miscellaneous/general reasons.

3.  His DD Form 214 does not show the MSM as an authorized award.

4.  There are no orders for the MSM in the available records. 

5.  Army Regulation 600-8-22 (Military Awards) states the MSM 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 MSM 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.  

DISCUSSION AND CONCLUSIONS:

The applicant contends he was awarded the MSM in 1996.  However, there are no orders for the MSM in the available records and he did not provide any orders.  Therefore, there is insufficient evidence on which to base adding the MSM to his DD Form 214.

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)                                         AR20120000193





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000193



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120005487

    Original file (20120005487.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM) and the Meritorious Unit Commendation (MUC). There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the MSM. The available evidence clearly shows that the applicant's unit was awarded the MUC during his period of assignment.

  • ARMY | BCMR | CY2013 | 20130004238

    Original file (20130004238.txt) Auto-classification: Approved

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his DD Form 214 be corrected to show award of the MSM and verification for his entitlement to the AFSM for Hurricane Katrina. Regulatory guidance prohibits the award of the AFSM to individuals awarded the HSM for the same operation; therefore, he is not authorized award of the AFSM.

  • ARMY | BCMR | CY2013 | 20130003804

    Original file (20130003804.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM) and Iraq Campaign Medal (ICM) in two separate applications. The applicant states his DD Form 214 does not show the MSM he earned on 17 August 2004. The available evidence shows the applicant served in Kuwait/Iraq from 28 February through 16 July 2003.

  • ARMY | BCMR | CY2008 | 20080003853

    Original file (20080003853.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 be corrected to reflect his deployment to Iraq in support of Operation Enduring Freedom during the period of 9 April 2003 to 30 March 2004. Additionally, the applicant served a tour in Iraq during two campaigns in support of military operations during a period that qualified for award of the Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his...

  • ARMY | BCMR | CY2006 | 20060011268

    Original file (20060011268.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2007 DOCKET NUMBER: AR20060011268 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Meritorious Service Medal (MSM) with three Oak Leaf Clusters. Therefore, he would like...

  • ARMY | BCMR | CY2007 | 20070009054

    Original file (20070009054.txt) Auto-classification: Approved

    He also request that his Meritorious Service Medal (MSM) (2nd award) be added to his DD Form 214 (Certificate of Release or Discharge From Active Duty). The evidence of record shows that the applicant was awarded three MSM(s). The evidence of record also shows that the applicant met the criteria for award of the National Defense Service Medal with bronze service star for his service in support of Operation Enduring Freedom outside the area of eligibility, from 11 September 2001 to a date...

  • ARMY | BCMR | CY2011 | 20110012091

    Original file (20110012091.txt) Auto-classification: Approved

    The applicant states: a. the Meritorious Service Medal (MSM) awarded him in January 1999 should be added to item 13 of his DD Form 214; b. the following entries should be added to item 14 of his DD Form 214: * Money Laundering and Asset Forfeiture Training (December 1997) * Advanced Techniques in Evidence and Property Management (April 1997) * Interview and Interrogations (August 1997) * Military Police Advanced Noncommissioned Officer's Course (ANCOC) (June 1996) * Managing Criminal...

  • ARMY | BCMR | CY2013 | 20130008092

    Original file (20130008092.txt) Auto-classification: Approved

    The applicant requests an unspecified unit citation and meritorious service award (apparently he means the Meritorious Service Medal (MSM)) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). However, there are no orders for the MSM or any other personal decoration (except for the Army Achievement Medal now shown on his DD Form 214) in the available records. Therefore, there is insufficient evidence on which to base adding the MSM or any other personal...

  • ARMY | BCMR | CY2014 | 20140020925

    Original file (20140020925.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal (ARCOM) and Meritorious Service Medal (MSM). The applicant's military records are not available for review. Since there are no available orders awarding her the MSM and ARCOM, there is insufficient evidence on which to base adding these awards to her DD Form 214 at this time.

  • ARMY | BCMR | CY2010 | 20100026225

    Original file (20100026225.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM). He provided an award certificate, dated 15 May 1989, for award of the MSM for meritorious service from October 1977 through September 1987. Award recommendations submitted for meritorious service based upon retirement will be submitted so that they may be processed to conclusion prior to the requested presentation date.