BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140018419
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show two awards of the Meritorious Service Medal.
2. The applicant states, in effect, that he was awarded a second MSM; however, his DD Form 214 reflects only one award.
3. The applicant provides copies of two MSM Certificates.
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. Permanent Orders Number 121-13 issued by Headquarters, 3rd Armored Division, on 29 September 1986, awarded the applicant the MSM for the period of 1 June 1984 to 13 November 1986.
3. Permanent Orders Number 169-1 issued by Headquarters, 6th Infantry Division awarded him the MSM for the period 1 March 1984 to 28 February 1994.
4. The applicant was serving as a physical assistant in the rank of captain when he was honorably retired due to sufficient service for retirement on 28 February 1994. The DD Form 214 he was issued at the time of retirement shows he was awarded only one MSM.
5. Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster (OLC) is awarded to denote the second and succeeding awards of certain decorations, among which is the MSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded two awards of the MSM; however, it appears that an administrative error resulted in only one award being added to his DD Form 214.
2. Accordingly, his DD Form 214 should be corrected to reflect the MSM (1OLC).
BOARD VOTE:
___x_____ ___x_____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the MSM from his DD Form 214 and adding the MSM (1OLC).
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140018419
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