IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120006338
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 two awards of the Meritorious Service Medal
* DA Form 638 (Recommendation for Award), dated 19 April 1996, to show his correct social security number (SSN)
2. The applicant states an error was made on the DA Form 638 when they listed the wrong SSN. If you check the form against his annual rating during the period of the award recommendation it is clear that the achievements cited are his.
3. The applicant provides:
* his DD Form 214
* DA Form 638
* five DA Forms 2166-7 (NCO (Noncommissioned Officer) Evaluation Report)
* orders
* one page of his DA Form 2-1 (Personnel Qualification Record)
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. Having had prior active service, the applicant's records show he enlisted in the Regular Army on 9 February 1982 and he held military occupational specialty 91C (Practical Nurse).
3. His records contain Permanent Order (PO) Number 110-19, dated 19 April 1996, issued by Headquarters (HQ), XVIII Airborne Cops, Fort Bragg, NC, wherein he was awarded the Meritorious Service Medal for outstanding meritorious service from 17 October 1990 to 28 March 1996.
4. He was honorably retired on 31 May 1998 by reason of voluntary early retirement. He completed a total of 19 years, 3 months, and 14 days of net active service.
5. The DD Form 214 he was issued shows the Meritorious Service Medal.
6. His records also contain PO Number 194-14, dated 3 August 1998, issued by the U.S. Army Medical Department Activity, Fort Benning, GA, wherein he was awarded him the Meritorious Service Medal (1st Oak Leaf Cluster) for exceptionally meritorious conduct and outstanding service from 2 February 1988 to 30 April 1998.
7. The applicant provides a DA Form 638, dated 19 April 1996, wherein it shows he was recommended for and approved for award of the Meritorious Service Medal. Item 27a (Orders Issuing HQ) and item 27b (PO Number) of the DA Form 638 shows HQ, XVIII Airborne Corps was the issuing HQ and 119-19 was the PO number. This form contains the name of the applicant but item 6 (SSN) and the SSN block on page two of this form contain an SSN that is completely different from the applicant's.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was awarded two awards of the Meritorious Service Medal and his DD Form 214 only shows one of the awards. Therefore, he is entitled to correction of his DD Form 214 to show both of these awards.
2. While it is recognized that an administrative error occurred when the applicant's DA Form 638, dated 19 April 1996, was prepared and an incorrect SSN was entered on the form, this error presents no harm to the applicant. In addition, the correction of this administrative error could be accomplished only by crossing out the SSN shown on the DA Form 638 and writing in his correct SSN. Therefore, no action will be taken on this portion of the applicant's requested relief.
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:
* deleting from his DD Form 214 for the period ending 31 May 1998 the Meritorious Service Medal
* adding to his DD Form 214 for the period ending 31 May 1998 the Meritorious Service Medal (2nd Award)
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 the correction of the SSN on his DA Form 638, dated 19 April 1996.
_______ _ _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) AR20120006338
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120006338
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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