IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020686
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 his Meritorious Service Medal (MSM).
2. The applicant states his award of the MSM was not presented to him until after he was discharged from active duty.
3. The applicant provides copies of:
* DD Form 214 (Member copy Number 4)
* DA Form 4980-12 (Certificate for award of MSM) with Permanent Orders Information, dated 1 October 2014
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 14 August 2004, the applicant entered the Regular Army as a commissioned officer. He was promoted to captain, pay grade O-3 effective
1 October 2007.
3. A DA Form 4980-12, as provided by the applicant, indicates that Permanent Orders Number 274-02, Fort Jackson, South Carolina, were published to announce his award of the MSM for meritorious service during the period
27 January 2011 to 1 October 2014.
4. The applicant's DD Form 214 reports that:
a. On 1 October 2014, he was discharged with an honorable characterization of service. He had completed 10 years, 1 month, and 18 days of creditable active duty service.
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not include an award of the MSM.
5. Army Regulation 635-8 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. All awards for all periods of service are to be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The available evidence shows that the applicant was awarded the MSM for meritorious service. Therefore, his DD Form 214 should be corrected to reflect this medal.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 adding to his DD Form 214 the Meritorious Service Medal.
____________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) AR20110020180
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ABCMR Record of Proceedings (cont) AR20140020686
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