IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20120021777
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 records to show award of the Meritorious Service Medal (MSM).
2. The applicant states he earned and was awarded the MSM in 1980 for his meritorious service at Walter Reed Army Medical Center (WRAMC).
3. The applicant provides no additional documentary evidence in support of his application.
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 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. 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 applicant's 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 29 August 1960 and he:
* was awarded military occupational specialty 91P (X-Ray Specialist)
* served overseas in Ethiopia and Vietnam
* was promoted to sergeant first class (E-7) on 10 August 1974
* retired from active duty on 31 August 1980
3. Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in MOS 91P (X-Ray Noncommissioned Officer) while assigned to Company B, WRAMC, Washington, DC, from 8 April 1977 through 31 August 1980. Item 9 (Awards, Decorations and Campaigns) does not list the MSM.
4. A DD Form 214 shows the applicant entered active duty this period on
19 September 1977, honorably retired from active duty on 31 August 1980.
It shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Army Good Conduct Medal with Silver Clasp with 1 Loop (6th Award)
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
5. A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for or awarded the MSM.
6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. 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.
b. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
The applicant's claim was carefully considered.
a. The sincerity of the applicant's comments is not in question. However, he provides no documentary evidence in support of his claim that he was awarded the MSM.
b. There are no orders or any other Army records that show the applicant was awarded the MSM or that he was recommended for the award.
c. Therefore, there is insufficient evidence to support the applicant's claim to the MSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20120021777
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120021777
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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