IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20150000132
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:
* Meritorious Service Medal (MSM)
* Combat Infantryman Badge (CIB)
2. The applicant states the MSM and CIB were not included on his DD Form 214.
3. The applicant provides copies of:
* DA Form 638-1(Recommendation for Award) dated 6 February 1995
* DA Form 4980-12 (Certificate for award of the MSM) dated 7 June 1995
* Permanent Orders 145-11, U.S. Total Army Personnel Command, dated 25 May 1995
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. On 8 April 1975, the applicant enlisted in the Regular Army. He completed his initial training as an infantryman.
3. A DA Form 638-1, as provided by the applicant, shows that Permanent Order Number 158-26 was published on 7 June 1995, announcing his award of the MSM for meritorious service ending with his retirement on 30 April 1995.
4. Permanent Orders 154-11, as provided by the applicant, announced the applicants award of the CIB for his satisfactory performance of infantry duties in active ground combat on 28 February 1993.
5. On 30 April 1995, the applicant was retired due to length of service. His DD Form 214 shows his awards as:
* Army Commendation Medal
* Army Achievement Medal, 7 Oak Leaf Clusters
* Army Good Conduct Medal, 6 awards
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Joint Meritorious Unit Award
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* Expert Infantryman Badge
* Drill Sergeant Identification Badge
6. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the
DD Form 214. It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Personnel Qualification Record, Part II are to be entered in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the MSM and CIB.
2. Permanent orders show that the applicant was awarded the MSM and the CIB. Therefore, they should be shown on his DD Form 214.
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 the following to Item 13 of his DD Form 214:
* Meritorious Service Medal
* Combat Infantryman Badge
__________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) AR20150000132
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ABCMR Record of Proceedings (cont) AR20150000132
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