IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140016018
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 award of the Meritorious Service Medal (MSM).
2. He states he has a copy of the MSM Certificate, but the award was not listed on his DD Form 214.
3. He provides a copy of the 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. The applicant was appointed as a Reserve commissioned officer in the grade of second lieutenant on 21 May 1978. On 30 June 1982, he was honorably discharged in the grade of captain due to "unqualified resignation." He was credited with 4 years, 1 month, and 10 days of active duty service.
3. His DD Form 214 does not show award of the MSM.
4. There are no recommendations, certificates, or orders in the applicant's official military personnel file for award of the MSM. Additionally, this award is not listed on his DA Form 2-1 (Personnel Qualification Record).
5. He provides an MSM certificate, dated 21 May 1982, that shows he was awarded the MSM for exceptional meritorious service during the period
5 December 1978 to 30 June 1982 while serving as platoon leader with Company B and commander with Company A, 15th Engineer Battalion, 9th Infantry Division, Fort Lewis, WA. However, this certificate is not contained in his military personnel record.
6. 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 fact that the applicant provided a certificate indicating he was awarded the MSM is not sufficient evidence with which to add this award to his DD Form 214. He provided no orders showing he was awarded the MSM and no evidence was found in his military personnel record. Therefore, there is insufficient evidence to support adding this award to his DD Form 214.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20140016018
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