IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130018203
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show four Meritorious Service Medals.
2. The applicant states the error was only recently discovered by his sibling.
3. The applicant provides copies of:
* DA Form 638 (Recommendation for Award) approved on 6 June 1995
* DA Form 638 (front side only) initiated on 5 March 1997
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. On 21 June 1978, the applicant enlisted in the Regular Army.
3. Records show the applicant was awarded the following Meritorious Service Medals:
a. Permanent Orders 51-20, 3rd Armored Division, dated 14 May 1986 announced the applicant's first award for the period 16 December 1983 to
23 April 1986.
b. DA Form 638, initiated on 10 February 1995, indicates that Permanent Orders Number A158-15, dated 8 June 1995, announced the applicant's award of the Meritorious Service Medal with two Oak Leaf Clusters.
c. DA Form 638, initiated on 5 March 1997, indicates that Permanent Orders Number 118-00005, dated 28 April 1997, announced the applicant's award of the Meritorious Service Medal with two Oak Leaf Clusters. It also shows that his previous awards included two Meritorious Service Medals.
4. On 30 June 1997, the applicant was voluntarily early retired. He had completed 19 years and 10 months of creditable active duty service and he attained the rank of sergeant first class, pay grade E-7. His DD Form 214 shows a total of three Meritorious Service Medals.
5. Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal is awarded to members of the Armed Forces of the United States who distinguish themselves by outstanding meritorious achievement or service 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. An oak leaf cluster is placed on the ribbon to denote each additional award.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 should show four Meritorious Service Medals.
2. The available evidence indicates that permanent orders were published awarding the applicant the Meritorious Service Medal on three separate occasions. Those three awards are reflected on his DD Form 214.
3. The evidence also shows that when the second award of the Meritorious Service Medal was processed in 1995, the DA Form 638 indicated he had two previous awards. The approval indicates that he was awarded two oak leaf clusters representing a total of three awards. However, there is no documentary evidence to substantiate that he had received more than two awards at this time.
4. When the applicant's final award was processed in 1997, the earlier error must have been discovered because this DA Form 638 shows he only had two previous Meritorious Service Medals and the approved award showed only two oak leaf clusters indicating he had a total of three Meritorious Service Medals at the time of retirement.
5. In view of the above, there is no apparent error or injustice and the applicant's request should be denied.
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 that 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) AR20130018203
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130018203
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140001975
The applicant states he retired from the U.S. Army Reserve (USAR) on 31 December 1997 and these awards were not added to his records. The applicant provides: * DD Form 214 (Report of Separation from Active Duty), with an effective date of 12 July 1979 * DA Form 2-1 (Personnel Qualification Record) * a letter from National Personnel Records Center, St. Louis, MO, dated 17 January 2014 * a DA Form 638 (Recommendation for Award) and a certificate that show he was awarded the MSM * three...
ARMY | BCMR | CY2009 | 20090002685
The applicant requests a second award of the Meritorious Service Medal, the Southwest Asia Service Medal, an additional award of the Army Achievement Medal, and the Kuwait Liberation Medal be added to Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). There are no orders or other evidence in the applicant's ORB that show he was awarded more than three Army...
ARMY | BCMR | CY2009 | 20090002888
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. The applicant provided a DA Form 638, dated 9 June 2005, for award of the Meritorious Service Medal (First Oak Leaf Cluster) for the period 1 October 1995 to 30 September 2005. However, evidence of record shows he received two awards of the...
ARMY | BCMR | CY2011 | 20110008608
BOARD DATE: 10 November 2011 DOCKET NUMBER: AR20110008608 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show a second award of the Army Commendation Medal, the Korea Defense Service Medal, and United Nations Medal. The front page of DA Form 638, dated 7 January 1997, and DA Form 4980-14 that show the applicant was awarded the Army Commendation Medal [2nd Award] for...
ARMY | BCMR | CY2011 | 20110013626
This form also shows in: a. Therefore, it would be appropriate at this time to correct his DD Form 214 to show this award. As a result, the Board recommends that the applicant's record be corrected by adding to item 13 of his DD Form 214 the Army Commendation Medal with "V" Device.
ARMY | BCMR | CY2012 | 20120000774
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Achievement Medal with 2nd Oak Leaf Cluster (3rd Award). The applicant requests his DD Form 214 be corrected to show the Army Achievement Medal with 2nd Oak Leaf Cluster (3rd Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Army Achievement Medal (2nd Award) from his DD...
ARMY | BCMR | CY2010 | 20100016845
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090018492 on 6 May 2010. As such, the Board determined it was insufficient evidence upon which to correct the applicant's records to show award of the ARCOM. The available evidence clearly shows the applicant was recommended for a third award of the ARCOM.
ARMY | BCMR | CY2008 | 20080005792
IN THE CASE OF: BOARD DATE: 12 November 2008 DOCKET NUMBER: AR20080005792 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his record and separation document (DD Form 214) be corrected to reflect award of the Army Commendation Medal (ARCOM) with 2nd Oak Leaf Cluster (3rd Award). The applicant's record shows he enlisted into the Regular Army and entered active duty on 27 February 2003.
ARMY | BCMR | CY2003 | 2003084708C070212
d. Based on the foregoing, the Chief of the Military Awards Branch recommended that the applicant's request should be denied, that he should receive the Army Commendation Medal (First Oak Leaf Cluster) approved by the Commanding General of the 5th Signal Command on 9 May 2002, and that the applicant's servicing personnel center should correct his official records to show this award. COL R, as the Chief of Staff and Headquarters Commandant of the 5th Signal Command at that time, indicated in...
ARMY | BCMR | CY2014 | 20140001510
His DD Form 214 shows: a. his awards as: * National Defense Service Medal * Army Service Ribbon * Iraq Campaign Medal b. his foreign service as 1 year and 2 days; and c. a remark: "Service in Iraq 20050115 20050115." The available evidence of record shows that the applicant served a qualifying period of active duty for award of the GWOTSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good...