IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130010901
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 with 2nd Oak Leaf Cluster (MSM w/2OLC).
2. The applicant states his military record should be corrected to show his third MSM awarded him as part of his retirement on 10 July 1986.
3. The applicant provides
* DD Form 214
* Three 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record show he initially entered active duty on 25 April 1966 and continuously served until he was honorably retired from active duty in the rank of master sergeant. He completed 20 years and 6 days of creditable active duty service.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his retirement DD Form 214 includes an entry which shows he earned the MSM w/1OLC (2nd Award) during his tenure on active duty.
4. He provides two certificates which announced his award of the MSM and MSM w/1OLC for outstanding meritorious service on 20 February 1980 and 29 January 1982, respectively. He also provides a certificate which announced his award of the MSM w/2OLC on 10 July 1986, for exceptionally meritorious service from May 1976 to April 1986.
5. The applicant's Army Military Human Resource Record (AMHRR) (previously known as official military personnel file (OMPF)) includes the official orders which announced his award of the MSM and MSM w/1OLC. It does not include the order which announced his MSM w/2OLC.
DISCUSSION AND CONCLUSIONS:
The evidence of record and the evidence provided by the applicant clearly and convincingly show he was awarded the MSM (3rd Award). While the third order announcing his MSM w/2OLC is not on file, the corresponding certificate he provides confirms it was issued on 10 July 1986, in conjunction with his retirement but after his release from active duty, which can explain its absence from his AMHRR. This certificate confirms the MSM was awarded him for nearly 10 years of exceptionally meritorious service culminating in his retirement from active duty. Based on the applicants 20 years of honorable active duty service, the veracity of his third MSM award is not questioned. Accordingly, his records should be corrected to show the MSM with 2OLC.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. deleting the Meritorious Service Medal with 1st Oak Leaf Cluster and replacing it with the Meritorious Service Medal with 2nd Oak Leaf Cluster to item 13 of his retirement DD Form 214; and
b. issuing a correction to his retirement DD Form 214 to reflect this award.
_______ _ __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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