BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130010038 


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 the Meritorious Service Medal (MSM) with 3rd oak leaf cluster (4th award).  He also requests to be reissued the MSM certificates.  

2.  The applicant states the official records were never sent to the National Personnel Records Center or were misplaced.  He adds that the original certificates were issued with errors because the number of oak leaf clusters was omitted.

3.  The applicant provides a DD Form 214 for the period ending 9 July 1991 and four MSM certificates.  

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 22 June 1955.  On 20 June 1958, he was released from active duty and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows he was awarded the Army Good Conduct Medal.  

3.  On 8 July 1961, he was appointed as a Reserve commissioned officer.  He entered active duty as a member of the USAR on 22 June 1968.  

4.  An MSM certificate, issued on 12 November 1975, indicates he was awarded the MSM for meritorious service during the period February 1974 through November 1975.

5.  He was released from active duty on 12 November 1975.  His DD Form 214 (Report of Separation from Active Duty) for this period of service shows he earned, among other awards, the MSM.

6.  An MSM certificate, issued on 13 January 1985, indicates he was awarded the MSM with 1st oak leaf cluster (2nd award) for meritorious service during the period 18 November 1978 through 1 September 1984.  

7.  On 29 August 1990, he was ordered to active duty as a member of the USAR and he entered active duty on 4 September 1990.  

8.  An MSM certificate, issued on 2 July 1991, indicates he was awarded the MSM for meritorious achievement during the period 3 September 1990 through 
7 July 1991.  

9.  He was released from active duty on 9 July 1991.  His DD Form 214 for this period of service shows, among other awards, the MSM with 1st oak leaf cluster (2nd Award).

10.  An MSM certificate, issued on 24 January 1992, indicates he was awarded the MSM for meritorious service during the period 5 November 1981 through 
4 November 1991.

11.  The applicant was transferred to the Retired Reserve in the rank of colonel on 4 November 1991.  

12.  A review of the applicant's available military records failed to reveal orders or any other evidence indicating he was awarded the third and fourth awards of the MSM.  

13.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  

	b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the MSM.

14.  Army Regulation 600-8-22, in effect at the time of the applicant's service, did not provide instructions for the preparation of award certificates.  Effective 
28 March 1995, the regulation includes instructions of the preparation of award certificates; however, the instructions do not provide for the inclusion of the number of oak leaf cluster in the award certificates.  

15.  Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  

	a.  It established standardized policy for the preparation of the DD Form 214.  

	b.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

	c.  It provided that for block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 9 July 1991 should be corrected to show the MSM with 3rd oak leaf cluster (4th award). He also requests to be reissued the certificates.
2.  He provides MSM certificates indicating he was awarded the third and fourth awards of the MSM, but there are no orders or other evidence in his military records that show he was awarded the third and fourth awards of the MSM.

3.  In the absence of orders showing he was awarded two additional MSMs, the certificates he provided, which indicate he was awarded the MSM for meritorious service during the periods ending 7 July 1991 and 4 November 1991, are insufficient on which to base correcting his DD Form 214 to show these awards.  Further, the certificate indicates the 4th MSM was awarded for the period ending November 1991.  Even if orders for this award could be located, this MSM would not be recorded on his DD Form 214 for the period ending July 1991 given that it covers service which is not within the period covered by the DD Form 214.  

4.  As for reissuing the MSM certificates, there appears to be nothing wrong with the way they have been prepared.  Adding the number of the oak leaf cluster awarded is not in the current instructions for preparing an award certificate.  The regulation in effect at the times the MSM certificates were prepared did not contain certificate preparation guidance, so there is no evidence that they were prepared incorrectly.

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 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)                                         AR20130010038



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ABCMR Record of Proceedings (cont)                                         AR20130010038



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