BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150004877 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 July 2010 by: a. deleting the Meritorious Service Medal (MSM) and b. adding the Army Commendation Medal (ARCOM) (2nd Award). 2. The applicant states: * the MSM was recommended, but it was downgraded to the ARCOM after her DD Form 214 was completed * she was awarded the ARCOM in May 2008 and she was awarded a second ARCOM after her DD Form 214 was completed 3. The applicant provides: * two DA Forms 638 (Recommendation for Award), dated 2008 and 2010 * two ARCOM Certificates * 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 was commissioned as a first lieutenant in the U.S. Army Reserve (USAR) on 31 July 2002. She was promoted to captain effective 24 March 2005. She was ordered to active duty on 23 January 2008 in support of Operation Iraqi Freedom. She served as a nurse anesthetist in Iraq from 3 February 2008 to 3 May 2008. 3. Headquarters, 325th Combat Support Hospital, Permanent Orders 082-015, dated 1 May 2008, awarded her the ARCOM for meritorious service during the period 3 February 2008 to 5 May 2008. 4. On 23 May 2008, she was honorably released from active duty. 5. Her DD Form 214 for the period ending 23 May 2008 shows she was awarded or authorized the: * Army Reserve Components Achievement Medal * National Defense Service Medal * Iraq Campaign Medal * Army Service Ribbon * Armed Forces Reserve Medal with "M" Device * Expert Marksmanship Qualification Badge with Pistol Bar 6. A DD Form 215 (Correction to DD Form 214), dated 6 October 2008, amended her DD Form 214 for the period ending 23 May 2008 by adding the ARCOM and Global War on Terrorism Service Medal. 7. She was ordered to active duty on 20 March 2010 in support of Operation Enduring Freedom. She served as a nurse anesthetist in Afghanistan from 27 March 2010 to 4 July 2010. 8. She provided a DA Form 638, dated 21 May 2010, showing she was recommended for award of the MSM for the period 27 March 2010 to 25 June 2010. This award was downgraded to the ARCOM. 9. Headquarters, Task Force 62 Medical, Permanent Orders 192-002, dated 11 July 2010, awarded her the ARCOM for exemplary service during the period 27 March 2010 to 25 June 2010. 10. On 18 July 2010, she was released from active duty. 11. Her DD Form 214 for the period ending 18 July 2010 shows she was awarded or authorized the: * Afghanistan Campaign Medal with campaign star (one bronze service star) * MSM * Army Reserve Components Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with campaign star (one bronze service star) * Army Service Ribbon * Armed Forces Reserve Medal with "M" Device * North Atlantic Treaty Organization Medal * Expert Marksmanship Qualification Badge with Pistol Bar 12. There are no orders for the MSM in the applicant's available records. DISCUSSION AND CONCLUSIONS: 1. The applicant's DD Form 214 for the period ending 18 July 2010 shows the MSM as an authorized award. However, there are no orders for the MSM in the available records. Per the applicant's request, it would be appropriate to delete the MSM from her DD Form 214 for this period. 2. Permanent orders awarded her two ARCOMs. Her DD Form 214 for the period ending 18 July 2010 does not show these medals. 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: a. deleting the MSM from her DD Form 214 for the period ending 18 July 2010; and b. adding the ARCOM (2nd Award) to her DD Form 214 for the period ending 18 July 2010. ___________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) AR20150004877 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004877 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1