BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140006582
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 records to show award of the Defense Meritorious Service Medal (DMSM).
2. The applicant states:
* prior to his retirement on 31 May 1982, his last duty assignment was with the Defense Intelligence Agency (DIA) with duty at the U.S. American Embassy, The Hague, Netherlands
* he was recommended for award of the DMSM and he received it in the mail sometime in June, July, or August 1982
* he sent the general orders awarding him the DMSM to the National Personnel Records Center (NPRC) for inclusion in his records, but he failed to keep a copy for himself
* he has the engraved medal but no citation or order
* the DMSM was not in his records when he queried NPRC
* he contacted the U.S. Army Human Resources Command Awards and Decorations Branch at Fort Knox, KY this office could not help him and referred him to the Department of Defense who also could not help him
* the simple solution is to obtain a copy of the general orders, dated May, June, July, or August 1982, and send it to NPRC to correct his records
3. The applicant provides:
* email
* self-authored letter, dated 20 April 2014
* DIA Form 420 (Recommendation for Award)
* DMSM Citation
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. After having prior periods of honorable enlisted service in the Regular Army, the applicant was appointed as a warrant officer one in the U.S. Army Reserve (USAR) on 27 February 1976 and entered active duty.
3. Having sufficient service for retirement, the applicant was honorably retired on 31 May 1982.
4. The applicant provided a self-authored letter and email showing his attempts to obtain a copy of the general orders awarding him the DMSM. He also provided a copy of the DIA Form 420, dated 25 February 1982, and DMSM Citation showing he was recommended for award of the DMSM. His DIA Form 420 does not show the medal was approved or disapproved.
5. His records are void of any evidence showing he was recommended for or awarded the DMSM.
6. Army Regulation 600-8-22 (Military Awards) provides that the DMSM is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 3 November 1977, distinguished themselves by noncombat meritorious achievement or service.
7. Department of Defense Directive 1348.33M (Manual of Military Decorations and Awards: General Information, Medal of Honor, and Defense/Joint Decorations and Awards) states any of the Defense/Joint decorations may be awarded upon the retirement or separation of an eligible Service member. The DMSM is the third highest Defense/Joint peacetime award. Recommendations for the DMSM shall be submitted to the appropriate approval authority for processing. In those instances where the approval authority rests with the Director of Administration and Management or the Chairman of the Joint Chiefs of Staff, the recommendation shall be submitted for processing to the Director, Military Personnel, Human Resources Directorate, White House Services, or the Director, Joint Staff, no later than 90 days before the desired presentation date.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records to show award of the DMSM was carefully considered.
2. Although the applicant provided a copy of his recommendation and citation for award of the DMSM, his records are void of and he failed to provide any evidence showing he was approved for award of the DMSM.
3. Notwithstanding his sincerity, in the absence of documentation that conclusively shows he was approved for award of the DMSM, there is insufficient evidence upon which to grant the requested relief.
4. The Board is not an investigative body. It considers evidence brought before it and evidence readily available in an applicant's personnel records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ __X______ _X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20140006582
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ABCMR Record of Proceedings (cont) AR20140006582
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