IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140015213
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) with Fourth Oak Leaf Cluster (OLC) (i.e., 5th Award).
2. He states, in effect, that there was an administrative error on his DD Form 214, since it does not reflect his MSM (5th Award). Since he is preparing his last will, he would like to have it corrected.
3. The applicant provides Permanent Orders (PO) 41-3 for the MSM (4th OLC ) and 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 ABCMR to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
1. His DD Form 214 for the period ending 14 August 1984 shows he received the MSM (2nd OLC) (i.e., 3rd Award).
2. On 15 August 1984, the applicant was appointed as a Chief Warrant Officer 2 in the Regular Army (RA). He continued his RA service until he retired.
3. His DA Form 2-1 (Personnel Qualification Record), item 9 (Awards, Decorations and Campaigns), shows he received the MSM (3rd OLC) (i.e., 4th Award).
4. On 5 July 1989, U.S. Army Japan/IX Corps issued PO 41-3 announcing award of the MSM (4th OLC) to him for meritorious service for the period of
1 December 1979 to 30 November 1989.
5. On 30 November 1989, he was transferred to the retired list. His final
DD Form 214 shows he was awarded the Meritorious Service Medal w/Oak Leaf Cluster.
DISCUSSION AND CONCLUSIONS:
PO 41-3 announced award of the MSM (5th Award) to the applicant. This award is not shown on his final DD Form 214. Therefore he is entitled to correction of his final DD Form 214 to show the MSM (5th 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 deleting from his DD Form 214 for the period ending 30 November 1989 the entry Meritorious Service Medal w/Oak Leaf Cluster and adding the entry
MSM (5th 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) AR20130006317
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ABCMR Record of Proceedings (cont) AR20140015213
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