Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130013256
Original file (20130013256.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  8 April 2014

		DOCKET NUMBER:  AR20130013256 


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 award of the Defense Meritorious Service Medal (DMSM).

2.  The applicant states he was awarded the DMSM; however, the award is not recorded on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and DMSM Certificate and Citation.

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 U.S. Army Reserve on 2 October 2003.  He was ordered to active duty on 25 January 2007 for a period 545 days in support of Operation Iraqi Freedom.

3.  The applicant's DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the period 18 August 2007 through 24 March 2008 shows he served as an NCO Advisor for Vehicle Distribution, Multi-National Security Transition Command-Iraq.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 26 April 2008.

	a.  He completed 1 year, 3 months, and 2 days of net active service that included 11 months and 1 day of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the DMSM.

	c.  Item 18 (Remarks) shows he served in Kuwait/Iraq from 27 April 2007 to 27 March 2008.

5.  A review of the applicant's military personnel records failed to reveal any orders or other evidence showing he was awarded the DMSM.

6.  The applicant provided a copy of a DMSM Certificate and Citation that show the Secretary of Defense authorized award of the DMSM to him for exceptionally meritorious service as the Vehicle Distribution and Central Issue Facility NCO, Logistics Military Advisory Team, Coalition Army Advisory Training Team, Multi-National Security Transition Command-Iraq, Al Kasik, Iraq, during Operation Iraqi Freedom from 29 April 2007 to 25 March 2008.  The DMSM Certificate was signed by the Commanding General, Multi-National Security Transition Command-Iraq for the Secretary of Defense.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The DMSM is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who distinguished themselves by noncombat meritorious achievement or service.

	b.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the DMSM because he was issued the certificate and citation awarding him the DMSM for exceptionally meritorious service from 29 April 2007 to 25 March 2008.

2.  Army Regulation 600-8-22 provides that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders.

3.  There is no evidence of record that shows orders announced award of the DMSM to the applicant.  Therefore, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214 to show the award.

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)                                         AR20130013256



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013256



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • AF | BCMR | CY2007 | BC 2007 03884

    Original file (BC 2007 03884.txt) Auto-classification: Denied

    ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIDR does not provide a recommendation other than for the Board to review the appeal. We find no evidence to support that she was recommended for the BSM or that USCENTCOM erred in their decision to award her the DMSM for her service in Iraq. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...

  • ARMY | BCMR | CY2009 | 20090019811

    Original file (20090019811.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from 25 February 2008 to 2 February 2009 in support of Operation Iraqi Freedom (OIF). Army Regulation 600-8-22 (Military Awards) states that the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.

  • ARMY | BCMR | CY2014 | 20140016952

    Original file (20140016952.txt) Auto-classification: Approved

    The applicant provides copies of the following: * Permanent Order (PO) Number 035-004 * Defense Meritorious Service Medal certificate * DD Form 214 Worksheet * previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings CONSIDERATION OF EVIDENCE: 1. PO awarded the applicant the Defense Meritorious Service Medal during his period of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...

  • ARMY | BCMR | CY2010 | 20100028997

    Original file (20100028997.txt) Auto-classification: Approved

    The applicant requests correction of item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Bronze Star Medal (BSM). The applicant's official military personnel file (OMPF) includes a BSM Certificate which shows this medal was awarded to him for exceptionally meritorious service during OIF for the period 1 September 2005 to 21 November 2006. The evidence of record...

  • ARMY | BCMR | CY2008 | 20080016398

    Original file (20080016398.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 17 March 2009 DOCKET NUMBER: AR20080016398 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides his DD Form 214, Officer Record Brief, and two BSM certificates in support of his application. This document shows that Permanent Orders Number 170-001, dated 17 April 2006, awarded the applicant the BSM for meritorious service in support of Operations Enduring and Iraqi Freedom while serving as the Third United States Army Chief of Staff during the...

  • ARMY | BCMR | CY2010 | 20100027463

    Original file (20100027463.txt) Auto-classification: Approved

    These orders show the 144th MP Company was awarded the MUC for exceptionally meritorious service in support of Operation Iraqi Freedom (OIF) during the period 22 October 2006 through 5 October 2007. He provided a DA Form 638 and an MSM award certificate that show he was awarded the MSM by Joint Force Headquarters, Michigan Army National Guard, Permanent Order Number 167-001, dated 16 June 2009, for exceptionally meritorious service from 12 January 1987 through 9 June 2009. As a result, the...

  • ARMY | BCMR | CY2010 | 20100012646

    Original file (20100012646.txt) Auto-classification: Approved

    Headquarters, 160th SOAR, Permanent Order Number 221-6, dated 8 August 2008, shows the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service during the period 25 February 2005 to 18 July 2008. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). Evidence of record shows the applicant was awarded the Army Commendation Medal (First Oak...

  • ARMY | BCMR | CY2013 | 20130000309

    Original file (20130000309.txt) Auto-classification: Approved

    The applicant provides: * Memorandum issued by the U.S. Army Human Resources command (HRC), subject: Army Concurrence for the I Marine Expeditionary Force Navy Unit Commendation, dated 5 March 2010 * DA Form 638 (Recommendation for Award) of the Bronze Star Medal with narrative * Army Commendation Medal Certificate CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF. As a...

  • ARMY | BCMR | CY2010 | 20100028521

    Original file (20100028521.txt) Auto-classification: Approved

    With respect to correcting his NGB Form 22, paragraph 2-5, Army Regulation 15-185, the regulation under which this Board operates, states the Board will not consider any application if it determines that an applicant has not exhausted all administrative remedies available. The evidence shows he was awarded the Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period...

  • ARMY | BCMR | CY2010 | 20100023546

    Original file (20100023546.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Bronze Star Medal (BSM) instead of the Army Commendation Medal (ARCOM). Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). Permanent Order 10-009-001 revoked the award of the ARCOM and Permanent Order 357-043 awarded him the BSM for the same period of service in Iraq.