IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140006000
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (MSM).
2. The applicant states she received the MSM on 4 February 1994.
3. The applicant provides a copy of the MSM Certificate and a photograph of her holding the 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 on active duty in the Army National Guard (ARNG) from 20 February 1985 until 20 August 1993, when she was retired in the rank of staff sergeant due to temporary physical disability.
3. Her DD Form 214 shows she was awarded or authorized the:
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal with bronze service star
* Noncommissioned Officer Professional Development Ribbon with numeral "2"
* Army Service Ribbon
4. She provides a copy of her MSM Certificate, which references Permanent Orders 018-18, dated 4 February 1994, which awarded her the MSM for the period 20 May 1991 to 20 August 1993.
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the MSM, which is not shown on her DD Form 214. Therefore, she is entitled to have her record 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 adding the MSM to her DD Form 214 ending 20 August 1993.
__________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) AR20140006000
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ABCMR Record of Proceedings (cont) AR20140006000
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