IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140013145
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 the Meritorious Service Medal (MSM) (2nd Award) and the Iraq Campaign Medal (ICM).
2. The applicant states the MSM (2nd Award) is not listed on his DD Form 214 and that he retired before implementation of the ICM.
3. The applicant provides:
* DD Form 214
* DA Form 638 (Recommendation for Award)
* Memorandum for Record (MFR), dated 23 March 2004
* ICM award criteria
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. On 25 February 2015, a staff member of the ABCMR contacted the applicant to inform him that, in accordance with Army Regulation 600-8-22 (Military Awards), he can only receive the ICM in place of the GWOTEM as no Soldier may receive both awards for the same act, achievement or period of service. He indicated his desire to retain the GWOTEM. As a result, this portion of his request will not be discussed further in the proceedings.
3. Records show the applicant enlisted in the Regular Army on 14 July 1982. He was trained in and awarded military occupational specialty 31B (Military Police).
4. His official military personnel file contains and he provides a DA Form 638 which shows he was recommended for award of the MSM (2nd Award). It shows this recommendation was approved and the award was announced in Headquarters, 7th Infantry Division, Permanent Order Number 232-011, dated
19 August 2004.
5. He continuously served through multiple periods of reenlistment until he retired from active duty on 31 December 2004, having completed 22 years, 5 months, 17 days of creditable active duty service of which 9 years, 1 month, and 29 days was foreign service. The DD Form 214 issued to him at that time shows, in part, one award of the MSM.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states item 13, enter all awards and decorations for all periods of service and each entry will be verified by the Soldier's records.
DISCUSSION AND CONCLUSIONS:
The evidence of record and the evidence provided by the applicant clearly and convincingly show he was awarded the MSM (2nd Award). His DD Form 214 currently lists one MSM and should be corrected at this time to show the MSM (2nd Award).
BOARD VOTE:
___x____ ___x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 by:
a. deleting the Meritorious Service Medal; and
b. adding the Meritorious Service Medal (2nd Award).
_______ _ _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) AR20140013145
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ABCMR Record of Proceedings (cont) AR20140013145
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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