BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120005487
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 show award of the Meritorious Service Medal (MSM) and the Meritorious Unit Commendation (MUC).
2. The applicant states these two awards do not appear on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* Department of the Army General Orders (DAGO) Number 1, issued by Headquarters, Department of the Army, Washington, DC, dated 31 March 1996
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. On 10 July 1984, the applicant enlisted in the Regular Army. He continuously served through a series of reenlistments.
3. The applicant's DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the period December 1990 through March 1991 shows his unit of assignment as Battery A, 94th Field Artillery, 1st Armored Division.
4. On 31 January 2006, the applicant retired by reason of sufficient service for retirement in the rank/grade of sergeant first class (SFC)/E-7. He completed
21 years, 6 months, and 21 days of creditable active service. The DD Form 214 he was issued at the time does not show award of the MSM or the MUC.
5. DAGO Number 1, dated 31 March 1996, awarded the MUC to Battery A,
94th Field Artillery for exceptionally meritorious conduct in the performance of outstanding service during the period 31 December 1990 through 1 May 1991.
6. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the MSM. Additionally, his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) does not contain any documents or orders pertaining to an award of the MSM.
7. 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. 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:
1. The applicant contends his DD Form 214 should be corrected to show award of the MSM and the MUC.
2. The available evidence clearly shows that the applicant's unit was awarded the MUC during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
3. The applicant's contention that he was awarded the MSM is not supported by any evidence of record. Furthermore, the applicant has not provided any documentary evidence to support this contention. Therefore, there is an insufficient evidentiary basis for granting this portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ __X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Meritorious Unit Commendation.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show award of the Meritorious Service Medal.
__________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) AR20120005487
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005487
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150002755
The applicant requested correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 shows this award already, depicted as the "Republic of Vietnam Gallantry Cross Unit Citation." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal; and b. adding to his DD Form 214 the: * Vietnam Service Medal with two bronze...
ARMY | BCMR | CY2012 | 20120019382
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1981 to show the Bronze Star Medal (BSM) (3rd Award), Meritorious Service Medal (MSM), and National Defense Service Medal (NDSM). Service medals and awards are not issued by the ABCMR. This pamphlet shows the 23rd Administration Company was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 January 1968 through 31 August 1969,...
ARMY | BCMR | CY2013 | 20130016056
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 3 August 2005 to show the Meritorious Unit Commendation (MUC) (Navy) and the Meritorious Service Medal (MSM). It provides a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge. Evidence of record shows he was not awarded the MSM until July 2011, almost 6 years after the issuance of his 3 August 2005 DD Form 214.
ARMY | BCMR | CY2013 | 20130011242
The applicant contends that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Presidential Unit Citations (Navy). The evidence of record shows: a. the applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2011 | 20110001683
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show four unit awards his unit received for the period he served in Vietnam. The evidence of record does not support the applicant's request for correction of his record to show four unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from item 24 of his DD Form 214...
ARMY | BCMR | CY2014 | 20140018773
General Orders Number 885, issued by Headquarters, II Field Force Vietnam Artillery, dated 29 July 1970 awarded him the BSM for meritorious service in connection with military operations against a hostile force for the period from August 1969 to July 1970. Therefore, his DD Form 214 should be corrected to show these unit awards. Adding the following awards to his DD Form 214: * BSM * RVN Gallantry Cross with Palm Unit Citation * MUC * VSM with four bronze service stars * RVN Civil Actions...
ARMY | BCMR | CY2004 | 20040001732C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 January 2005 DOCKET NUMBER: AR20040001732 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. Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests in effect, that his DD Form 214 (Armed Forces of the...
ARMY | BCMR | CY2013 | 20130021346
Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. Although his unit was cited for two awards of the MUC, the MUCs were never awarded to the applicant's unit during the period of his assignment in...
ARMY | BCMR | CY2014 | 20140011359
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. A Meritorious Unit Commendation (MUC) to the 94th Engineer Battalion for the period 30 January 2003 to 18 March 2003 by Department of the Army general orders 2009-15, dated 16 December 2009; and b. As a result, the Board recommends that all...
ARMY | BCMR | CY2014 | 20140017988
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Army Commendation Medal (ARCOM) with "V" Device and the Purple Heart (PH) (3rd Award). The applicant provided a PH (3rd Award) Certificate that shows he was wounded in action in Vietnam on 11 August 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...