IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140001496
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 his second award of the Meritorious Service Medal.
2. The applicant states that he received a second award of the Meritorious Service Medal just prior to his discharge; however, the award was not recorded on his DD Form 214.
3. The applicant provides copies of two DA Forms 4980-12 (Meritorious Service Medal Certificates) and the reverse sides of two DA Forms 638 (Recommendations 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 as a Reserve commissioned officer in the rank of second lieutenant on 24 May 1989. He was ordered to active duty on
29 August 1989. He was promoted to the rank of major on 1 May 2000.
3. A DD Form 214 shows the applicant was honorably separated on 1 February 2001. He had completed 11 years, 5 months, and 3 days of net active service this period. It also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Senior Parachutist Badge
* Parachutist Badge
* Air Assault Badge
* French Army Parachutist Badge
4. In support of his request the applicant provides the following documents:
a. DA Form 4980-12 and the reverse side of a DA Form 638 that shows Headquarters, U.S. Army Southern European Task Force, Permanent Order Number 163-3, dated 12 June 1997, awarded the applicant the Meritorious Service Medal for meritorious service as G4 Maintenance Chief and Company Commander, Forward Support Company, Southern European Task Force Lion Brigade, from 16 May 1994 to 20 June 1997.
b. DA Form 4980-12 and the reverse side of a DA Form 638 that shows
5th Personnel Service Battalion, Fort Polk, LA, Permanent Order Number
026-02, dated 26 January 2001, awarded the applicant the Meritorious Service Medal (2nd Award) for exceptionally meritorious service as a Training Logistics Operations Officer Observer/Controller, from 21 June 1997 to 1 February 2001.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows permanent orders awarded the applicant the Meritorious Service Medal on two separate occasions during the period of service under review.
2. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show two awards of the Meritorious Service Medal.
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 item 13 of his DD Form 214 the "Meritorious Service Medal" and adding the "Meritorious Service Medal (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) AR20140001496
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ABCMR Record of Proceedings (cont) AR20140001496
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