IN THE CASE OF
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130020138
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 Meritorious Service Medal (MSM).
2. The applicant states his DD Form 214 and other records should be corrected to show he was awarded the MSM on 25 July 1985. This is a simple clerical error that can be corrected without a lot of bureaucratic paperwork or hearings.
3. The applicant provides his MSM certificate and orders and his DD Form 214.
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 retired as a lieutenant colonel effective 31 July 1985 for length of service. His DD Form 214 does not show award of the MSM.
3. His DA Form 2-1 (Personnel Qualification Record) does not indicate he was awarded the MSM.
4. In support of his request, he provides a certificate showing he was awarded the MSM on 25 July 1985 and Permanent Orders 104-9 awarding him the MSM for outstanding meritorious service in worldwide positions of great responsibility during the period 1 August 1975 to 31 July 1985.
DISCUSSION AND CONCLUSIONS:
Orders awarded the applicant the MSM for meritorious service for the period 1 August 975 to 31 July 1985. Therefore, it would be appropriate at this time to correct his DD Form 214 to show this award.
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 adding to his DD Form 214 for the period ending 31 July 1985 the Meritorious Service Medal.
_______ _ 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) AR20120005258
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020138
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070001655C071029
The applicant requests, in effect, that his record be corrected to show he received two awards of the Meritorious Service Medal (MSM). The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, 5th Signal Command Permanent Orders Number 34-6, dated 2 May 1989, which awarded the applicant the MSM for meritorious service from 30 May 1985 through 29 May 1989. The applicant's MPRJ also contains a partially legible copy of an MSM Certificate, dated 23 June 1995, which...
ARMY | BCMR | CY2014 | 20140008916
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. The information contained in item 11 of his DD Form 214 could only reflect the MOSs he held for the current period of service and that correcting this entry would show he held certain MOS(s) for a period less than currently shown on the DD Form 214. Therefore, based on his service in support of OIF and his MSM award, his DD Form 214 should now be corrected by: a....
ARMY | BCMR | CY2014 | 20140015147
The applicant requests correction his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Meritorious Service Medal (MSM). His service record is void of orders which show that he was awarded a second MSM. His service record is void of orders which show he was awarded a second award of the MSM when he departed the 7th CSH.
ARMY | BCMR | CY2010 | 20100009428
The applicant requests award of the Army Reserve Components Overseas Training Ribbon (ARCOTR) and correction of his records to show this award as well as a second award of the Meritorious Service Medal (MSM). The applicant states he was awarded two MSM's. With respect to the MSM, the evidence of record shows the applicant was, in fact, awarded two awards of the MSM and both are appropriately filed in his records.
ARMY | BCMR | CY2014 | 20140017042
The applicant requests that his awards of the Legion of Merit (LOM) and Meritorious Service Medal (MSM) with three oak leaf clusters (3OLC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that his orders awarding him the LOM be corrected to show the period of service as July 1988 to June 1993. The applicant states that his awards of the LOM and MSM (3OLC) were not included on his DD Form 214 and his orders awarding him the LOM incorrectly show the...
ARMY | BCMR | CY2008 | 20080015258
The DD Form 214 he was issued upon retirement shows, in part, he was awarded the ARCOM (Fifth OLC) and the AAM (Third OLC). The orders contained in the applicant's military records show that he was awarded three AAMs, seven ARCOMs, and one MSM. _______ _ 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.
ARMY | BCMR | CY2011 | 20110021503
The applicant requests that his award of the Meritorious Service Medal (MSM) 3d Oak Leaf cluster (3OLC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that he be awarded the Korea Defense Service Medal (KDSM). The award of the MSM provided by the applicant is not contained in his official records and shows that he was awarded the MSM (3OLC) for meritorious service from 28 February 1984 to 1 March 1994 and was awarded on 30 December 1993 in Permanent...
ARMY | BCMR | CY2010 | 20100018303
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 September 2005 and his National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) for the period ending 31 July 2007 to show award of the Meritorious Service Medal (MSM) (2nd Award). The evidence of record shows Permanent Orders 165-009, dated 14 June 2005, awarded the applicant an MSM for meritorious service from 23 August 2004 to 15...
ARMY | BCMR | CY2009 | 20090002211
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding two awards of the Meritorious Service Medal (MSM). Therefore, it would be appropriate to add the entry "Meritorious Service Medal (2nd Award)" to item 13 of his DD Form 214 at this time. 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 by adding the entry...
ARMY | BCMR | CY2009 | 20090012651
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty), issued on 26 May 2007, be corrected to show award of the Bronze Star Medal (BSM), Meritorious Service Medal (MSM) (3rd Award), Army Commendation Medal (ARCOM) (3rd Award), and the Meritorious Honor Award. Army Regulation 600-8-22 (Military Awards), paragraph 1-41 states that the order and precedence for awards and decorations when worn are as follows: a. Decorations, the Good Conduct Medal,...