IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000326
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) show award of the Meritorious Service Medal (MSM) and his service in the U.S. Army Reserve (USAR) from 21 May 1995 to 22 March 2000.
2. He states he served in the Regular Army from 31 March 1981 to 20 May 1995 and in the USAR from 21 May 1995 to 22 March 2000. His DD Form 214 should show his honorable service in the USAR.
3. He provides his DD Form 214, Honorable Discharge Certificate, discharge orders, MSM Certificate, and DA Form 638-1 (Recommendation for Award).
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 31 March 1981 and continued to serve on active duty through a series of reenlistments.
3. The applicant was honorably discharged on 19 May 1995 after completing 14 years, 1 month, and 18 days of active duty. On the following date he enlisted in the USAR with assignment to the Control Group (Reinforcement). His DD Form 214 for this period does not show award of the MSM.
4. Permanent Orders Number 170-44, dated 19 June 1995, published by Fitzsimons Army Medical Center, Aurora, CO, awarded him the MSM for meritorious service during the period 11 July 1990 to 18 January 1994.
5. Orders D-03-016854, dated 21 March 2000, published by the USAR Personnel Command, St. Louis, MO, discharged him from the USAR effective 21 March 2000.
6. Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant was awarded the MSM on 19 June 1995 for meritorious service from 11 July 1990 to 18 January 1994. Therefore, this medal should be added to his DD Form 214.
2. The applicant enlisted in the Regular Army on 31 March 1981 and was discharged on 19 May 1995. He was issued a DD Form 214 which properly reflects this period of service.
3. He enlisted in the USAR with assignment to the Control Group (Reinforcement) on 20 May 1995 and was discharged from the USAR on 21 March 2000. Since he served in the USAR after his period of active duty, there is no basis for correcting his DD Form 214 to show this service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending his DD Form 214 to add award of the MSM.
2. The Board further determined 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 correcting his DD Form 214 to show his subsequent service in the USAR.
__________ _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) AR20130000326
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