IN THE CASE OF:	  

		BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130011706 


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 Defense Superior Service Medal (DSSM).

2.  The applicant states:

* the DSSM was received after his retirement on 31 December 2004
* the orders state the member must provide the certificate, citation, and orders to the Military Personnel Office for an update of his personnel records
* he had previously overlooked this note until recently when reviewing his awards and medals for the Department of Veterans Affairs

3.  The applicant provides:

* retirement orders
* DSSM Certificate, Citation, and orders
* DD Form 214

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.  After completing over 26 years of active duty, the applicant retired on 31 December 2004 in the rank of colonel.

3.  His DD Form 214 does not show the DSSM as an authorized award.

4.  He provides a copy of Military Personnel Awards Order Number 05-121, dated 15 June 2005, which shows he was awarded the DSSM for the period June 2001 to December 2004 under the provisions of Department of Defense Instruction 1348.33 (Military Awards).

DISCUSSION AND CONCLUSIONS:

Orders show the applicant was awarded the DSSM for the period June 2001 to December 2004.  Therefore, his DD Form 214 should be corrected to show this medal.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 award of the DSSM to his DD Form 214.



      _______ _   _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)                                         AR20130011706



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ABCMR Record of Proceedings (cont)                                         AR20130011706



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