IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140013574
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 his award of the Defense Meritorious Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 March 1999.
2. The applicant states his DD Form 214 does not show he was awarded the Defense Meritorious Service Medal and he does not have orders for the award.
3. The applicant provides:
* the citation and certificate awarding him the Defense Meritorious Service Medal
* 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. Defense Information Systems Agency Memorandum Number 027, dated
5 February 1999, announced the award of the Defense Meritorious Service Medal to the applicant for his service with the Defense Information Systems Agency from 1 October 1997 to 31 December 1998.
3. On 31 March 1999, he was retired by reason of completing sufficient service for retirement. His DD Form 214 does not show he was awarded the Defense Meritorious Service Medal.
4. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
Defense Information Systems Agency Memorandum Number 027, dated
5 February 1999, announced his award of the Defense Meritorious Service Medal. Therefore, this award should be added to his DD Form 214 with a separation date of 31 March 1999.
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 Defense Meritorious Service Medal to his DD Form 214 with a separation date of 31 March 1999.
_______ _ _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) AR20140013574
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013574
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