IN THE CASE OF: BOARD DATE: 3 June 2014 DOCKET NUMBER: AR20130018203 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show four Meritorious Service Medals. 2. The applicant states the error was only recently discovered by his sibling. 3. The applicant provides copies of: * DA Form 638 (Recommendation for Award) approved on 6 June 1995 * DA Form 638 (front side only) initiated on 5 March 1997 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 21 June 1978, the applicant enlisted in the Regular Army. 3. Records show the applicant was awarded the following Meritorious Service Medals: a. Permanent Orders 51-20, 3rd Armored Division, dated 14 May 1986 announced the applicant's first award for the period 16 December 1983 to 23 April 1986. b. DA Form 638, initiated on 10 February 1995, indicates that Permanent Orders Number A158-15, dated 8 June 1995, announced the applicant's award of the Meritorious Service Medal with two Oak Leaf Clusters. c. DA Form 638, initiated on 5 March 1997, indicates that Permanent Orders Number 118-00005, dated 28 April 1997, announced the applicant's award of the Meritorious Service Medal with two Oak Leaf Clusters. It also shows that his previous awards included two Meritorious Service Medals. 4. On 30 June 1997, the applicant was voluntarily early retired. He had completed 19 years and 10 months of creditable active duty service and he attained the rank of sergeant first class, pay grade E-7. His DD Form 214 shows a total of three Meritorious Service Medals. 5. Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal is awarded to members of the Armed Forces of the United States who distinguish themselves by outstanding meritorious achievement or service 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. An oak leaf cluster is placed on the ribbon to denote each additional award. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, that his DD Form 214 should show four Meritorious Service Medals. 2. The available evidence indicates that permanent orders were published awarding the applicant the Meritorious Service Medal on three separate occasions. Those three awards are reflected on his DD Form 214. 3. The evidence also shows that when the second award of the Meritorious Service Medal was processed in 1995, the DA Form 638 indicated he had two previous awards. The approval indicates that he was awarded two oak leaf clusters representing a total of three awards. However, there is no documentary evidence to substantiate that he had received more than two awards at this time. 4. When the applicant's final award was processed in 1997, the earlier error must have been discovered because this DA Form 638 shows he only had two previous Meritorious Service Medals and the approved award showed only two oak leaf clusters indicating he had a total of three Meritorious Service Medals at the time of retirement. 5. In view of the above, there is no apparent error or injustice and the applicant's request should be denied. 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) AR20130018203 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130018203 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1