IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140015218
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 the Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1987.
2. The applicant states he was awarded the MSM on 26 May 1997, approximately 6 years after his retirement from the U.S. Army Reserve (USAR). He received the award in the mail with no additional information.
3. The applicant provides:
* a DD Form 214
* a memorandum
* Permanent Orders
* a DA Form 4980-12 (MSM Certificate)
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. Following a period of service in the U.S. Navy, the applicant enlisted in the USAR on 9 July 1976.
3. On 18 September 1981, he was ordered to active duty in an Active Guard/Reserve status and continued to serve on active duty until he was honorably retired due to length of service on 30 June 1987. The DD Form 214 he was issued upon retirement does not show the MSM as an authorized award.
4. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show award of the MSM.
5. Although there is no other indication in the applicant's record that he was in an active status following his retirement, USAR Personnel Center, St. Louis, MO, Orders D-12-269037, dated 19 December 1992, show the applicant was discharged from the Ready Reserve effective 5 January 1993.
6. The applicant's record contains and he also provides:
a. A memorandum sent to him by Chief, Inquiries/Awards Branch, Soldier Support Division, USAR Personnel Center, St. Louis, MO, Subject: Decoration, dated 28 May 1983. The Chief, Inquiries/Awards Branch informed the applicant that he had been awarded the MSM for meritorious service as a Citizen Soldier of the USAR and indicated that the medal, orders, and certificate were enclosed.
b. A certificate and Permanent Orders, dated 26 May 1993, which show he was awarded the MSM for outstanding meritorious service for the period 6 January 1983 to 5 January 1993.
7. The applicant's record is void of any indication that he served a period of active duty following his retirement on 30 June 1987 which would have warranted the issuance of a subsequent DD Form 214. It is also void of any explanation as to why the applicant was awarded the MSM nearly 6 years following his retirement or why the period recognized by the award did not end until nearly 6 years subsequent to his retirement.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his retirement.
2. Since he was apparently awarded the MSM for service through 5 January 1993 (subsequent to the date of his retirement), there is no basis for adding this award to his DD Form 214 for the period ending 30 June 1987.
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.
ABCMR Record of Proceedings (cont) AR20140015218
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140015218
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140000197
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 May 1993, to show his second award of the Meritorious Service Medal (MSM). 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2012 | 20120009142
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (5th Award) * Army Achievement Medal (AAM) (5th Award) * Army Superior Unit Award (ASUA) (2nd Award) * Army Good Conduct Medal (AGCM) (4th Award) * National Defense Service Medal (NDSM) (2nd Award) * Noncommissioned Officer (NCO)...
ARMY | BCMR | CY2015 | 20150002282
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 June 2007 to show award of the Army Reserve Components Overseas Training Ribbon (ARCOTR) and the Meritorious Unit Commendation (MUC) (3rd Award). On 5 July 2004, he was ordered to active duty in support of OEF. Army Regulation 600-8-22 (Military Awards) states the ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of...
ARMY | BCMR | CY2014 | 20140001975
The applicant states he retired from the U.S. Army Reserve (USAR) on 31 December 1997 and these awards were not added to his records. The applicant provides: * DD Form 214 (Report of Separation from Active Duty), with an effective date of 12 July 1979 * DA Form 2-1 (Personnel Qualification Record) * a letter from National Personnel Records Center, St. Louis, MO, dated 17 January 2014 * a DA Form 638 (Recommendation for Award) and a certificate that show he was awarded the MSM * three...
ARMY | BCMR | CY2010 | 20100026225
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM). He provided an award certificate, dated 15 May 1989, for award of the MSM for meritorious service from October 1977 through September 1987. Award recommendations submitted for meritorious service based upon retirement will be submitted so that they may be processed to conclusion prior to the requested presentation date.
ARMY | BCMR | CY2009 | 20090012651
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty), issued on 26 May 2007, be corrected to show award of the Bronze Star Medal (BSM), Meritorious Service Medal (MSM) (3rd Award), Army Commendation Medal (ARCOM) (3rd Award), and the Meritorious Honor Award. Army Regulation 600-8-22 (Military Awards), paragraph 1-41 states that the order and precedence for awards and decorations when worn are as follows: a. Decorations, the Good Conduct Medal,...
ARMY | BCMR | CY2009 | 20090013231
The applicant provides a copy of his DD Form 214 for the period ending 31 October 2002; a DA Form 638 (Recommendation for Award) for the MSM, dated 7 September 2002; a Memorandum for Record, subject: Award Army Reserve Component Overseas Training Ribbon, dated 26 June 2006; a Certificate of Appreciation, dated 20 June 2000; and his DA Form 2-1 (Personnel Qualification Record Part II) in support of his application. The applicant applied to this Board in 11 April 2004 wherein he requested...
ARMY | BCMR | CY2013 | 20130018504
c. In May 2012, he submitted the award (recommendation) to the 3rd Army and in June 2012 one of his Soldiers notified him that a brigadier general downgraded his award to a Meritorious Service Medal (MSM). Finally, in November before he left the command he asked the 3rd Army Commander to authorize his 3rd Army award section to revoke the award orders and remove the award from his record. The regulation shows that award orders are filed in the performance section of the OMPF.
ARMY | BCMR | CY2012 | 20120010677
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 July 1997 to show award of the: * Meritorious Service Medal (MSM) * Army Commendation Medal (ARCOM) (5th Award) 2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. As a result, the Board recommends that all...
ARMY | BCMR | CY2014 | 20140002837
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1987 to show: a. he retired as a first sergeant (1SG); and b. award of the Meritorious Service Medal (MSM). The applicant provides: * amendment orders, dated 26 August 1987 * MSM orders and award certificate * DD Form 214 for the period ending 30 September 1987 CONSIDERATION OF EVIDENCE: 1. Retirement orders in the applicant's records show he was...