BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140002165
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) (2nd Award).
2. The applicant states, in effect, although he was awarded two MSMs, only one is annotated on his DD Form 214.
3. The applicant provides two DA Forms 4980-12 (MSM Certificate).
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 served as an enlisted member of the Regular Army for over 20 years. During his career, he served in a variety of stateside and overseas assignments and ascended through the enlisted ranks to the rank/grade of sergeant first class/E-7. He retired on 31 January 1989.
3. Both his DA Form 2-1 (Personnel Qualification Record - Part II) and the DD Form 214 he was issued at the time of his retirement show he was awarded or authorized a plethora of awards and decorations, to include one MSM. However, neither of these documents bears any indication that he was awarded the MSM (2nd Award).
4. A thorough review of his Official Military Personnel File (OMPF) failed to reveal any orders or other documents that show he was recommended for, or awarded, the MSM (2nd Award).
5. He provides two DA Forms 4980-12 that show:
a. on 7 December 1987, he was awarded the MSM for exceptionally meritorious service while serving as Platoon Sergeant, Company C, 3d Battalion, 8th Cavalry Regiment, 3d Armored Division, during the period 15 January 1985 to 8 December 1987.
b. on 22 February 1989, he was awarded the MSM for outstanding meritorious service during 20 years of faithful and honorable service.
6. Army Regulation 600-8-22 (Military Awards) states the MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he was awarded the MSM (2nd Award).
2. A thorough review of his record failed to reveal any orders and he did not provide any orders that show he was awarded the MSM (2nd Award).
3. It may appear as though his retirement award was omitted from his DD Form 214, since it was not finalized until after his retirement date. However, absent the appropriate orders that show he was, in fact, awarded a second MSM at the time of his retirement, there is an insufficient basis to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ __X______ _X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his/her service in arms.
__________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.
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