IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130008092
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 an unspecified unit citation and meritorious service award (apparently he means the Meritorious Service Medal (MSM)) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* his DD Form 214 is missing a unit citation for valor and a meritorious service award
* it was a clerical error
3. The applicant provides no additional documentary evidence.
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 1989 for a period of 4 years. He completed his training and was awarded military occupational specialty 95B (military police).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he was assigned to the 401st Military Police Company while serving in:
* Panama from 5 October 1989 to 12 January 1990
* Saudi Arabia from 28 September 1990 to 3 April 1991
4. On 3 April 1992, he was honorably released from active duty for unsatisfactory performance.
5. His DD Form 214 shows he was awarded or authorized the:
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Southwest Asia Service Medal (SWASM) with three bronze service stars
* Kuwait Liberation Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
6. Department of the Army General Orders Number 22, dated 30 August 1991, show the 401st Military Police Company was cited for the Valorous Unit Award for the period 19 December 1989 to 3 January 1990.
7. There are no orders for the MSM in the available records.
8. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 does not show entitlement to the MSM.
9. A DD Form 215 (Correction to DD Form 214), dated 4 February 1993, amended his DD Form 214 by deleting the SWASM with three bronze service stars and adding the SWASM with two bronze service stars.
10. A DD Form 215, dated 25 March 1993, amended his DD Form 214 by adding the Armed Forces Expeditionary Medal and his dates of service in Panama.
11. 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 in a noncombat area. 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.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant's unit was cited for the Valorous Unit Award while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit award.
2. The applicant contends a meritorious service award is missing from his
DD Form 214. However, there are no orders for the MSM or any other personal decoration (except for the Army Achievement Medal now shown on his DD Form 214) in the available records. Therefore, there is insufficient evidence on which to base adding the MSM or any other personal decoration to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 adding the Valorous Unit Award to his DD Form 214.
2. The Board further determined that 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 adding the MSM to his
DD Form 214.
___________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) AR20130008092
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ABCMR Record of Proceedings (cont) AR20130008092
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