BOARD DATE: 25 October 2012 DOCKET NUMBER: AR20120005487 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) and the Meritorious Unit Commendation (MUC). 2. The applicant states these two awards do not appear on his DD Form 214. 3. The applicant provides: * his DD Form 214 * Department of the Army General Orders (DAGO) Number 1, issued by Headquarters, Department of the Army, Washington, DC, dated 31 March 1996 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 10 July 1984, the applicant enlisted in the Regular Army. He continuously served through a series of reenlistments. 3. The applicant's DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the period December 1990 through March 1991 shows his unit of assignment as Battery A, 94th Field Artillery, 1st Armored Division. 4. On 31 January 2006, the applicant retired by reason of sufficient service for retirement in the rank/grade of sergeant first class (SFC)/E-7. He completed 21 years, 6 months, and 21 days of creditable active service. The DD Form 214 he was issued at the time does not show award of the MSM or the MUC. 5. DAGO Number 1, dated 31 March 1996, awarded the MUC to Battery A, 94th Field Artillery for exceptionally meritorious conduct in the performance of outstanding service during the period 31 December 1990 through 1 May 1991. 6. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the MSM. Additionally, his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) does not contain any documents or orders pertaining to an award of the MSM. 7. 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. After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. 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 DD Form 214 should be corrected to show award of the MSM and the MUC. 2. The available evidence clearly shows that the applicant's unit was awarded the MUC during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award. 3. The applicant's contention that he was awarded the MSM is not supported by any evidence of record. Furthermore, the applicant has not provided any documentary evidence to support this contention. Therefore, there is an insufficient evidentiary basis for granting this portion of his request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ __X___ 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 partial 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 Unit Commendation. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show award of 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) AR20120005487 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005487 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1