IN THE CASE OF:
BOARD DATE: 2 June 2015
DOCKET NUMBER: AR20140016322
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) (2nd Award); his foreign service credit; and his time served in military occupational specialties (MOS) 75Z (Personnel Sergeant), 05H (Morse Interceptor), and 71L (Administrative Specialist).
2. The applicant states while reviewing his DD Form 214 he noticed his specialties, foreign service, and decorations were in error. He had never paid attention to his DD Form 214 until his son-in-law commented about his specialties since he mentioned he had been a Morse Code Interceptor.
3. The applicant provides:
* two pages of his DA Form 2-1 (Personnel Qualification Record)
* his DD Form 214
* his 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 requested that his foreign service and time served in other MOSs be added to his DD Form 214. A review of his records indicates he has four DD Forms 214 on file covering the following periods 23 October 1964 through 30 October 1967, the period 31 October 1967 through 30 April 1974, period 1 May 1974 through 17 February 1977, and 18 February 1977 through 30 November 1984. These DD Forms 214 show his foreign service and MOSs held for each period of service. Therefore, these requests will not be discussed further in these proceedings. He will be provided a copy of each of his DD Forms 214.
3. The applicant enlisted in the Regular Army on 24 October 1964. He completed training and he was awarded MOS 05H (Morse Interceptor). He served through multiple reenlistments, was awarded various administrative MOS's, and attained the rank of sergeant first class.
4. On 30 November 1984, he was retired for length of service. His DD Form 214 shows, in part, that he received one award of the MSM. It does not show the MSM (2nd Award).
5. There are no recommendations, certificates, or orders in his official military personnel file (OMPF) for award of the MSM (2nd Award). Additionally, this award is not listed on his DA Form 2-1.
6. He provides an MSM Certificate, dated 21 December 1984, that shows he was awarded the MSM (2nd Award) for exceptional meritorious service over a period of 20 years with the U.S. Army and most recently as the military personnel sergeant for the 47th Area Support Group. This certificate is not contained in his OMPF.
7. 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 provided a certificate indicating he was awarded the MSM (2nd Award) for 20 years of meritorious service. Although there are no orders showing he was awarded the MSM (2nd Award), it is reasonable to presume an E-7 would receive an MSM as a retirement award.
2. In view of the foregoing, it would be appropriate to correct of his DD Form 214 to show the MSM (2nd Award).
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 by:
a. deleting the MSM; and
b. adding the MSM (2nd 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) AR20140016322
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ABCMR Record of Proceedings (cont) AR20140016322
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