BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140015147
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Meritorious Service Medal (MSM).
2. The applicant states his DD Form 214 does not reflect the two awards of the MSM that he received. He contends he received the first MSM on departure from the U.S. Academy of Health Sciences (AHS) and he received the second MSM on departure from the 7th Combat Support Hospital (CSH). He did not receive either the Legion of Merit or MSM at the time of retirement from the 2nd General Hospital.
3. The applicant provides his retirement 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 enlisted in the Regular Army on 28 June 1966 and he continued to serve on active duty through a series of reenlistments.
3. His DA Form 2-1 (Personnel Qualification Record - Part II)) shows he was assigned to the AHS, Fort Sam Houston, TX from 16 August 1975 to 17 September 1982 then he was reassigned to the 7th CSH in Germany on 30 September 1982 to 14 April 1985.
4. Headquarters, 68th Medical Group, Permanent Orders 09-03, dated 6 September 1985 show he was awarded the Army Commendation Medal with Six(th) Oak Leaf Cluster for meritorious service from 23 September 1982 to
15 April 1985. These orders indicate he was assigned to the 7th CSH during this period.
5. On 15 April 1985, he was reassigned to the 2nd General Hospital until he was reassigned to the continental United States in July 1986.
6. Block 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 lists one award of the MSM. His service record is void of orders which show that he was awarded a second MSM.
7. He was retired on 31 August 1986 for length of service. His DD Form 214 does not show he was awarded or authorized any MSMs.
8. Army Regulation 600-8-22 (Military Awards) states the MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that he received two awards of the MSM; the first upon departure from the AHS and the second upon departure from the 7th CSH were carefully considered.
2. Although the applicant's DA Form 2-1 lists one award of the MSM, his service record is void of orders which show he was awarded an MSM upon his departure from the AHS.
3. The applicant's service record includes permanent orders which show he was awarded the Army Commendation Medal with Sixth Oak Leaf Cluster upon his departure from the 7th CSH. His service record is void of orders which show he was awarded a second award of the MSM when he departed the 7th CSH.
4. Absent such orders, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214 to show two awards of the MSM at this time.
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 that 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.
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