IN THE CASE OF

		BOARD DATE:    15 July 2014

		DOCKET NUMBER:  AR20130020138 


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).

2.  The applicant states his DD Form 214 and other records should be corrected to show he was awarded the MSM on 25 July 1985.  This is a simple clerical error that can be corrected without a lot of bureaucratic paperwork or hearings.

3.  The applicant provides his MSM certificate and orders and his 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.  The applicant retired as a lieutenant colonel effective 31 July 1985 for length of service.  His DD Form 214 does not show award of the MSM.

3.  His DA Form 2-1 (Personnel Qualification Record) does not indicate he was awarded the MSM.

4.  In support of his request, he provides a certificate showing he was awarded the MSM on 25 July 1985 and Permanent Orders 104-9 awarding him the MSM for outstanding meritorious service in worldwide positions of great responsibility during the period 1 August 1975 to 31 July 1985.

DISCUSSION AND CONCLUSIONS:

Orders awarded the applicant the MSM for meritorious service for the period       1 August 975 to 31 July 1985.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show this award.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 to his DD Form 214 for the period ending 31 July 1985 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)                                         AR20120005258



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ABCMR Record of Proceedings (cont)                                         AR20130020138



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