IN THE CASE OF:	  

		BOARD DATE:  8 April 2014

		DOCKET NUMBER:  AR20130013256 


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 Meritorious Service Medal (DMSM).

2.  The applicant states he was awarded the DMSM; however, the award is not recorded on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and DMSM Certificate and Citation.

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.  The applicant enlisted in the U.S. Army Reserve on 2 October 2003.  He was ordered to active duty on 25 January 2007 for a period 545 days in support of Operation Iraqi Freedom.

3.  The applicant's DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the period 18 August 2007 through 24 March 2008 shows he served as an NCO Advisor for Vehicle Distribution, Multi-National Security Transition Command-Iraq.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 26 April 2008.

	a.  He completed 1 year, 3 months, and 2 days of net active service that included 11 months and 1 day of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the DMSM.

	c.  Item 18 (Remarks) shows he served in Kuwait/Iraq from 27 April 2007 to 27 March 2008.

5.  A review of the applicant's military personnel records failed to reveal any orders or other evidence showing he was awarded the DMSM.

6.  The applicant provided a copy of a DMSM Certificate and Citation that show the Secretary of Defense authorized award of the DMSM to him for exceptionally meritorious service as the Vehicle Distribution and Central Issue Facility NCO, Logistics Military Advisory Team, Coalition Army Advisory Training Team, Multi-National Security Transition Command-Iraq, Al Kasik, Iraq, during Operation Iraqi Freedom from 29 April 2007 to 25 March 2008.  The DMSM Certificate was signed by the Commanding General, Multi-National Security Transition Command-Iraq for the Secretary of Defense.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The DMSM is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who distinguished themselves by noncombat meritorious achievement or service.

	b.  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 that his DD Form 214 should be corrected to show award of the DMSM because he was issued the certificate and citation awarding him the DMSM for exceptionally meritorious service from 29 April 2007 to 25 March 2008.

2.  Army Regulation 600-8-22 provides that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders.

3.  There is no evidence of record that shows orders announced award of the DMSM to the applicant.  Therefore, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214 to show the award.

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 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)                                         AR20130013256



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ABCMR Record of Proceedings (cont)                                         AR20130013256



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