IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120005934
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 he was awarded the Meritorious Service Medal.
2. He states that he was awarded the Meritorious Service Medal upon retirement but the award is not listed on his DD Form 214. He earned the award and it should be included on his DD Form 214 so that he may wear it when he is buried.
3. He provides a:
* Meritorious Service Medal certificate, dated 31 January 1980
* DD Form 214
* DD Form 215 (Correction to 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 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 is a retired Regular Army sergeant first class (SFC).
3. His DA Form 2-1 (Personnel Qualification Record Part II) does not list the Meritorious Service Medal among his awards and decorations.
4. His DD Form 214, as corrected by a DD Form 215, shows he was retired effective on 31 January 1980. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this form does not list the Meritorious Service Medal.
5. His record is void of any orders showing he was awarded the Meritorious Service Medal.
6. The applicant provides a certificate showing he was awarded the Meritorious Service Medal for his service during the period 2 June 1977 through 31 January 1980.
7. Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. 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 record should be corrected to show award of the Meritorious Service Medal.
2. Although the applicant provides a certificate which indicates he was awarded the Meritorious Service Medal, his record is void of any orders showing he was awarded the medal. Therefore, there is no basis for correction of his DD Form 214 to show this award.
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) AR20110014400
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120005934
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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