IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130004570
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) for the period ending 24 September 2003 to show the Meritorious Service Medal.
2. The applicant states he received the award upon his retirement from the U.S. Army Reserve (USAR) on 1 January 2005.
3. The applicant provides:
* DD Forms 214 for the period ending 15 September 1992 and
24 September 2003
* Orders 235-0410, issued by Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, dated 23 August 2003
* Memorandum from the USAR Personnel Command, St. Louis, MO, subject: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 22 October 1998
* DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 7 November 2004
* DA Form 638 (Recommendation for Award), dated 5 December 2004, including Permanent Order Number 362-18, issued by Headquarters,
99th Regional Readiness Command, dated 27 December 2004, and Meritorious Service Medal Certificate
* AHRC Form 249-2-E (Chronological Statement of Retirement Points), dated 21 September 2006
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 18 November 1976. On
15 September 1992, he was honorably discharged. He enlisted in the USAR effective the following day. He was ordered to active duty on 6 November 2002 in support of Operation Enduring Freedom and he was released from active duty (REFRAD) on 24 September 2003.
3. His DD Form 214 for the period ending 24 September 2003 does not show the Meritorious Service Medal as an authorized award.
4. Permanent Order Number 362-18, dated 27 December 2004, awarded him the Meritorious Service Medal for the period 1 January 1995 to 1 January 2005, as a retirement award.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that 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:
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active duty service at the time of his REFRAD. He was awarded the Meritorious Service Medal for a period extending beyond his active duty service for which he was issued a DD Form 214. Therefore, there is no basis for adding this award to his DD Form 214 for the period ending 24 September 2003.
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) AR20130004570
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