BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004901
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 the Meritorious Service Medal (MSM).
2. The applicant states the award was completed prior to his retirement but the copies were not distributed through the proper channels to be added to his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a certificate for award of the MSM.
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 enlisted in the Regular Army on 10 August 1981 and held the military occupational specialty 42A (Human Resources Specialist). He served in a variety of overseas and stateside assignments. The highest rank/grade he attained while serving on active duty was sergeant first class/E-7.
3. Permanent Orders Number 101-03, issued by Headquarters, 4th Infantry Division, on 11 April 2005 awarded him the MSM for exceptionally meritorious service from 1 September 1995 to 31 August 2005.
4. He was honorably retired from active duty on 31 August 2005. The award of the MSM is not listed on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded him the MSM; therefore, he is entitled to correction of his DD Form 214 to show this award.
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.
___________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) AR20120004901
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ABCMR Record of Proceedings (cont) AR20120004901
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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