IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002460
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Meritorious Service Medal (MSM) and Joint Service Commendation Medal (JSCM).
2. The applicant states the orders for the above awards were not available to be added to his DD Form 214 at the time he was released from active duty (REFRAD).
3. The applicant provides copies of the orders for the JSCM, the certificate for the MSM, 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 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 serving as a U.S. Army Reserve lieutenant colonel when he was ordered to active duty in support of Operation Iraqi Freedom on 10 April 2005.
3. He deployed to Iraq during the period 11 June 2005 through 2 April 2006 and on 1 May 2006 he was honorably REFRAD due to completion of required service. The DD Form 214 he was issued at the time of his REFRAD does not reflect award of the MSM and JSCM.
4. The evidence the applicant provided shows:
* Permanent Orders Number 294-2 issued by the U.S. Army Special Operations Command, on 20 October 2000, awarded him he MSM
* Permanent Orders Number 063-013 issued by Headquarters, Multi-National Force-Iraq, on 4 March 2006, awarded him the JSCM
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded both the MSM and the JSCM in duly authenticated orders and both awards were issued for a period authorized for entry on the DD Form 214.
2. Accordingly, the MSM and JSCM should be entered on his DD Form 214, dated 1 May 2006, at this time.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the MSM and JSCM to his DD Form 214, dated 1 May 2006.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his 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.
ABCMR Record of Proceedings (cont) AR20140002460
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ABCMR Record of Proceedings (cont) AR20140002460
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