IN THE CASE OF:
BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120005542
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 record and 30 June 1983 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his DD Form 214 was prepared in June 1983 prior to his discharge and the MSM award was not finalized until July 1983.
3. The applicant provides a MSM certificate in support of his request.
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 record shows on 30 June 1983, the applicant was honorably retired, in the grade of chief warrant officer two (CW2), after completing 22 years and 8 days of active military service.
3. The applicants Officer Records Brief (ORB), dated in January 1983 does not list the MSM in the list of earned awards in Section VIII (Awards and Decorations), and the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon his retirement also does not include the MSM.
4. The record is void of a DA Form 638 (Recommendation for Award) or orders showing the applicant was awarded the MSM by proper authority.
5. On 13 September 2012, a member of the Board staff contacted the applicant via electronic mail (e-mail) in an attempt to obtain MSM awards orders. The applicant responded by indicating that he had searched my records and even called Fifth Army (no response yet), but could find nothing but the narrative he provided with his application.
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. It states, in pertinent part, that all individual awards should be formally recommended, approved by the appropriate authority, and announced in official orders.
DISCUSSION AND CONCLUSIONS:
The applicants request to add the MSM to his DD Form 214 has been carefully considered. However, by regulation, an individual award must be approved by the proper authority and announced in official orders. Absent orders authorizing award of the MSM, there is an insufficient evidentiary basis to support granting the requested relief.
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) AR20120005542
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ABCMR Record of Proceedings (cont) AR20120005542
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