IN THE CASE OF:
BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140017514
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. The applicant states he was awarded the MSM at his retirement ceremony but it was never entered on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214 (Member Copy 4)
* certificate for award of the MSM, dated 5 January 1989
* letter from the National Personnel Records Center (NPRC), dated 18 November 2013
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. At the time of his application, the applicant was a sergeant first class in pay grade E-7 and he retired from the Regular Army on 31 December 1988. His DD Form 214 shows his awards as:
* Army Achievement Medal
* Army Good Conduct Medal with one silver loop
* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 4
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
3. The certificate provided by the applicant indicates that he was awarded the MSM for meritorious service during the period 20 December 1962 to November 1988. The certificate does not show any information about the general orders required for announcing the award of this medal.
4. The letter from the NPRC, dated 18 November 2013, as provided by the applicant, shows a list of medals, badges, and ribbons authorized for shipment to him. This list does not include the MSM.
5. 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. 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 contends that his DD Form 214 should be corrected by showing he was awarded the MSM.
2. There are no available orders announcing the applicant's award of the MSM in his available military record. Regretfully, the MSM certificate provided by the applicant is insufficient evidence by itself upon which to base a correction of his DD Form 214.
3. At this time, there is insufficient evidence upon which to recommend granting his request. However, the applicant has an opportunity to provide the Board with a copy of the orders that announced the award of the MSM within 1 year of this Board's decision for its review and consideration.
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) AR20140017514
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ABCMR Record of Proceedings (cont) AR20140017514
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