IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130010458
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (5th Award).
2. The applicant states, in effect, her fifth award of the Meritorious Service Medal was not received until 2006 after her retirement and was not added to her DD Form 214.
3. The applicant provides copies of her DD Form 214 and DA Form 638 (Recommendation for Award) showing Permanent Order Number 273-002 issued by the 89th Regional Readiness Command awarded her the Meritorious Service Medal on 30 September 2005.
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 was serving in the U.S. Army Reserve on 18 March 1985 when she was ordered to active duty in the Active Guard Reserve Program. She continued to serve on active duty until she was honorably retired on 31 July 2005. She was placed on the Retired List effective 1 August 2005 in pay grade E-8. Her DD Form 214 issued at the time of her retirement shows she was awarded the Meritorious Service Medal (4th Award).
3. A review of her official records shows she was awarded the Meritorious Service Medal on the following dates:
* 14 June 1990
* 18 January 1993
* 11 January 1996
* 4 April 1998
* 31 July 2005
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to show the fifth award of the Meritorious Service Medal has been noted and found to have merit.
2. The evidence of record clearly shows she was awarded five Meritorious Service Medals. Her DD Form 214 should be corrected accordingly.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting award of the Meritorious Service Medal (4th Award) from her retirement DD Form 214
* adding award of the Meritorious Service Medal (5th Award) to her retirement 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) AR20130010458
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ABCMR Record of Proceedings (cont) AR20130010458
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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