IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002695
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 he was awarded the Meritorious Service Medal.
2. He states that he would like to have the medal added to his DD Form 214.
3. He provides a copy of a Meritorious Service Medal certificate, dated
27 January 1990.
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. The applicant is a retired Regular Army staff sergeant (SSG).
3. His DA Form 2-1 (Personnel Qualification Record Part II) does not list the Meritorious Service Medal among his awards and decorations.
4. His DD Form 214 shows he was retired effective on 31 January 1990. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this form does not list the Meritorious Service Medal.
5. His record is void of orders showing he was awarded the Meritorious Service Medal.
6. The applicant provides a certificate showing he was awarded the Meritorious Service Medal on 27 April 1990 for meritorious service from 2 July 1987 to
31 January 1990.
7. Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious 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 his record should be corrected to show award of the Meritorious Service Medal.
2. Although the applicant provides a certificate which indicates he was awarded the Meritorious Service Medal, his record is void of orders showing he was awarded the medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
3. The evidence is insufficient to correct his DD Form 214 to show award of the Meritorious Service Medal.
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) AR20110014400
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150002695
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