BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20120022819
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).
2. The applicant states he was awarded the MSM in 1990 for his meritorious service on the occasion of his retirement from active duty, but the award was omitted from his DD Form 214.
3. The applicant provides copies of his MSM award documents.
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's military service records are not available to the Board for review. However, there are sufficient records in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant had prior honorable active duty enlisted service in the Regular Army.
4. A DD Form 214 shows the applicant entered active duty as a warrant officer on 4 November 1987, he honorably retired from active duty on 31 July 1990, and was transferred to the U.S. Army Reserve Control Group (Retired).
a. He completed 2 years, 8 months, and 28 days of net active service this period and 17 years, 3 months, and 13 days of total prior active service.
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized - All Periods of Service) does not show the MSM.
5. In support of his application the applicant provides a copy of a DA Form 638 (Recommendation for Award of MSM and Below) and DA Form 4980-12 (MSM Certificate) that show Headquarters, XVIII Airborne Corps, Fort Benning, NC, Orders Number 101-9, dated 11 July 1990, awarded the applicant the MSM for meritorious service from 23 July 1970 to 31 July 1990.
DISCUSSION AND CONCLUSIONS:
Orders awarded the applicant the MSM. Therefore, he is entitled to correction of his DD Form 214 to show the award.
BOARD VOTE:
___X__ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his 31 July 1990 DD Form 214 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) AR20120022819
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ABCMR Record of Proceedings (cont) AR20120022819
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