BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20140000197
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), ending on 31 May 1993, to show his second award of the Meritorious Service Medal (MSM).
2. The applicant states he was awarded an end of tour MSM and this award is not listed on his DD Form 214, ending on 31 May 1993. He did not realize this until all of his awards and medals were lost. In submitting to replace them, he noticed the error. He needs this correction so the medals can be reissued.
3. The applicant provides copies of the following:
* Permanent Orders (PO) Number 177-78
* PO Number 188-87
* PO Number 24-17
* Transmittal of Award memorandum, dated 18 March 1993
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army (RA) on 18 August 1972. He was honorably released from active duty on 13 August 1976 and was transferred to the U.S. Army Reserve (USAR) Control Group. His DD Form 214 lists the National Defense Service Medal.
3. He again enlisted in the RA on 4 August 1978 and served through multiple reenlistments executed on 23 July 1982, 24 April 1987, and 9 September 1992.
4. His record contains and he provided copies of the following PO issued by Headquarters, 7th Infantry Division (Light) and Fort Ord, CA:
* PO Number 177-78, dated 14 September 1989, awarding him the MSM with 1st Oak Leaf Cluster (OLC) for meritorious service from 29 October 1987 through 5 August 1989
* PO Number 188-87, dated 25 September 1989, amending PO Number 177-178 to read the MSM (without the OLC)
* MSM certificate, dated 15 June 1990
5. He also provided copies of the following:
* PO Number 24-17, issued by Headquarters, U.S. Army Recruiting Command, dated 17 March 1993, awarding him the MSM with 1st OLC for meritorious service from 1 June 1983 through 31 May 1993
* MSM certificate, dated 17 March 1993
* Transmittal of Award memorandum, dated 18 March 1993, wherein he was advised of the approval of the MSM with 1st OLC in lieu of the Legion of Merit Award and that a permanent certificate would be mailed to him
6. He retired in pay grade E-7 on 31 May 1993. His DD Form 214 lists the:
* MSM
* Army Commendation Medal (2nd OLC)
* Army Achievement Medal (2nd OLC)
* National Defense Service Medal with one bronze service star
* Army Good Conduct Medal (6th Award)
* Army Service Ribbon
* Overseas Service Ribbons (2nd Award)
* Noncommissioned Officer Professional Development Ribbons with Numeral 3
* Gold Recruiter Badge with three Sapphire Achievement Stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with "W" Bar
DISCUSSION AND CONCLUSIONS:
PO awarded the applicant a second award of the MSM for the period 1 June 1983 through 31 May 1993. His DD Form 214 did not list this second award. Therefore, his DD Form 214 ending on 31 May 1993 should be corrected 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 deleting from the applicant's DD Form 214 ending on 31 May 1993 the MSM and adding to this DD Form 214 the MSM (2nd 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.
ABCMR Record of Proceedings (cont) AR20140000197
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