IN THE CASE OF:	  

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004039 


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 add the:

* Legion of Merit
* Army Commendation Medal (2nd Award)
* Meritorious Service Medal (2nd Award)
* Army National Guard (ARNG) Meritorious Service Award

2.  The applicant states these awards were not entered on his DD Form 214 prior to his release from active duty.

3.  The applicant provides:

* self-authored statement, dated 26 February 2014
* citation and certificate for award of the Army Commendation Medal 
(2nd Award)
* Orders Number 9-1, dated 22 February 1988
* certificate for award of the Legion of Merit
* Orders Number 36-1, dated 1 September 1987
* citation for award of the ARNG Meritorious Service Award
* 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 appointed as a Reserve commissioned officer on 
20 December 1966 and subsequently entered active duty on 18 February 1967.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) and Officer Record Brief (ORB) show he was awarded or authorized the:

* Army Commendation Medal (2nd Award) 
* Meritorious Service Medal 

4.  He provided a citation and certificate for award of the Army Commendation Medal (2nd Award), dated 4 February 1976.

5.  Permanent Orders (PO) Number 36-1, issued by the National Guard Bureau (NGB), on 1 September 1987, awarded him the Meritorious Service Medal (2nd Award), for meritorious service from 28 June 1985 to 4 September 1987.

6.  His DD Form 214 shows he was honorably retired on 30 September 1987 after completing over 20 years of net active service.  Additionally he was awarded or authorized the:

* "Defense Distinguished Soldier's Medal" 
* Soldier's Medal (2nd Award)
* Bronze Star Medal 
* Defense Meritorious Service Medal
* Meritorious Service Medal
* Joint Service Commendation Medal (2nd Award)
* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars

* Army Service Ribbon
* Overseas Service Ribbon with Numeral 3
* Republic of Vietnam Campaign Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnamese Staff Service Medal (2nd Award)
* Office of the Secretary of Defense Identification Badge
* Army Staff Identification Badge 
* two overseas service bars

7.  PO Number 9-1, issue by the NGB, on 22 February 1988, which awarded him the Legion of Merit for meritorious service form 18 February 1967 to September 1987.

8.  Army Regulation 635-5 (Separation Documents) at the time stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

9.  Army Regulation 600-8-22 prescribes the policies and procedures concerning United States Army awards to military personnel and decorations to United States Army personnel.  This regulation does not list the ARNG Meritorious Service Award.  This regulation also states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  PO awarded him the Meritorious Service Medal (2nd Award) and the Legion of Merit; therefore, he is entitled to correction of his DD Form 214 to add these awards.

2.  He provided a citation and a certificate for award of the Army Commendation Medal (2nd Award).  Additionally, his DA Form 2-1 and ORB both show he was awarded the Army Commendation Medal (2nd Award).  As such, there is sufficient evidence to justify correcting his record to show this award.

3.  He served a qualifying period for the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.

4.  The ARNG Meritorious Service Award is not listed in Army Regulation 
600-8-22.  Therefore, it is not authorized for entry on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Army Commendation Medal.

	b.  adding to his DD Form 214 the:

* Legion of Merit
* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (2nd Award)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the ARNG Meritorious Service Award to his DD Form 214.  



      _______ _   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)                                         AR20140004039





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ABCMR Record of Proceedings (cont)                                         AR20140004039



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