BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130007538
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) ending on 31 January 1991 to show:
a. his date of entry as 5 August 1973, vice 5 August 1977; and
b. a second Meritorious Service Medal (MSM) that was awarded to him for service ending on 31 January 1991.
2. The applicant makes no additional statement.
3. The applicant provides a copy of his DD Form 214 ending on 31 January 1991.
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. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), filed in the applicant's records, shows the applicant enlisted in the Regular Army on 16 June 1969. He served on active duty for a period of 2 years, 7 months, and 9 days, and was released from active duty (REFRAD) on
24 January 1972. This document does not show he was awarded an MSM during the reported period of service.
3. A DD Form 214 (Report of Separation from Active Duty), filed in the applicant's records, shows he reenlisted in the Regular Army on 31 July 1973. He served on active duty for a period of 4 years and 4 days and he was discharged from active duty on 4 August 1977 for immediate reenlistment. This document does not show he was awarded an MSM during the reported period of service.
4. Permanent Orders 35-2, U.S. Army Military Personnel Center, dated
28 February 1984, announced award of the MSM to the applicant for his meritorious service during the period from 21 June 1981 to 30 March 1984.
5. The applicant's DD Form 214 ending on 31 January 1991, as provided by him and as filed in his records, shows his date of entry on active duty as 5 August 1977. This is the day following his discharge for the purpose of immediate reenlistment. This document indicates he was awarded only one MSM during the reported period of service. This DD Form 214 reports that he was retired due to length of service.
6. Army Regulation 600-8-22 (Military Awards) states 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. After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that a DD Form 214 was to be issued at the time of separation to each member of the Regular Army. It provided no exception for Soldiers who were immediately reenlisting. Effective in 1979, this regulation was amended to stop issuing DD Forms 214 at each immediate reenlistment. Instead, an entry was made in the remarks block to report each enlistment period during the overall period reported. The change was not retroactive.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 ending on 31 January 1991 should be corrected to show he entered active duty on 5 August 1973. He further contends that he was awarded a second MSM which should also be shown on the subject DD Form 214.
2. The available evidence clearly shows that the applicant originally enlisted in the Regular Army on 16 June 1969 and was REFRAD on 24 January 1972. He was issued a DD Form 214 to cover this period of active duty service.
3. The available evidence clearly shows the applicant again enlisted in the Regular Army on 31 July 1973. On 4 August 1977, he was discharged for the purpose of immediate reenlistment. He received a DD Form 214 for this period of service.
4. On 5 August 1977, the applicant reenlisted in the Regular Army. He received a DD Form 214 for this period of service which ended on 31 January 1991, when he retired due to length of service.
5. The available evidence shows the applicant was awarded an MSM in 1984. There is no available documentation supporting his contention that he was awarded another MSM. Furthermore, he has not offered any documentary evidence in support of his contention.
6. In view of the above, the applicants request should be denied.
7. A copy of his first two DD Forms 214 will be provided to him.
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.
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