IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130016474
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 records to show the Meritorious Service Medal (MSM).
2. The applicant states when he made a request to replace awards from his archived military record, he discovered the MSM was missing.
3. The applicant provides the following documents:
* MSM Certificate
* DA Form 638 (Request for Award)
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 appointed a Reserve commissioned officer in the United States Army Reserve (USAR) in the rank of second lieutenant on 5 June 1972, for an indefinite term. He entered active duty on 17 September 1973 and was promoted to first lieutenant on 17 September 1975. He was honorably discharged from active duty on 15 August 1976.
3. He continuously served in various USAR staff and leadership positions, attained the rank of lieutenant colonel (LTC), and he was honorably transferred to the Retired Reserve on 15 April 1996. He was ultimately retired and placed on the Retired List in the rank of LTC on 26 May 2010 (60th birthday).
4. The applicant's Army Military Human Resource Record does not contain an order or any other evidence to show he was ever recommended for or awarded the MSM.
5. He provides a DA Form 638 which shows he was recommended for award of the MSM for exceptional meritorious service during the period 1 July 1994 to
3 March 1996. It also shows the appropriate authority approved this request and the MSM was announced in Headquarters, 81st U.S. Army Reserve Command, Permanent Orders Number 42-14, dated 11 February 1996.
6. The applicant provides a copy of his MSM certificate. This document also contains the official order which announced this award.
DISCUSSION AND CONCLUSIONS:
The evidence in this case shows the applicant was, in fact, awarded the MSM by the appropriate award authority and it was announced in official orders. However, the MSM is not currently reflected in his AMHRR, and it should be added at this time.
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 showing his entitlement to the Meritorious Service Medal by adding the
DA Form 638 and the Certificate included with this case to his Army Military Human Resource Record.
_______ _ _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) AR20130016474
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ABCMR Record of Proceedings (cont) AR20130016474
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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