BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160001446 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF _____x___ ____x____ _____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160001446 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting award of the Meritorious Service Medal from his DD Form 214 for the period ending 17 September 2009. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Army Service Ribbon. ______________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. BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160001446 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) by deleting award of the Meritorious Service Medal (MSM) and adding the Army Service Ribbon (ASR). 2. The applicant states he was never awarded the MSM or, if he was, he did not receive any notification of the award. He contends that his service in the U.S. Army of 4 months and 12 days qualified him for award of the ASR. He is proud to have served in the Army and believes his record should reflect that service. 3. The applicant provides an extract from Army Regulation 600-8-22 (Military Awards), paragraph 5-5 (ASR). 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. Having prior enlisted service in the U.S. Marine Corps, the applicant enlisted in the Regular Army for training as an armor crewman on 6 May 2009. His DD Form 214 covering his service in the U.S. Marine Corps is not available for review. 3. On 17 September 2009, the applicant was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, due to a condition, not a disability. His DD Form 214 for this period shows: * he entered service in the U.S. Army as a specialist/pay grade E-4 * he was not awarded a military occupational specialty * his awards were listed as – * MSM * Marine Corps Good Conduct Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Humanitarian Service Medal (2nd Award) * Iraq Campaign Medal with one campaign star * he completed 4 months and 12 days of creditable active duty service during this period * his service was uncharacterized REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement 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. b. The ASR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training, to include award of a military occupational specialty for enlisted personnel. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions for item 13 stated to list all Federally-recognized awards and decorations for all periods of service. DISCUSSION: 1. The applicant requests correction of his DD Form 214 by deleting award of the MSM and adding the ASR. 2. The applicant was discharged from the Regular Army due to a condition, not a disability, after completing 4 months and 12 days of active duty service. 3. Based on the available evidence, it appears that the awards listed on his DD Form 214 for his active duty service in the U.S. Army were carried forward from his service in the U.S. Marine Corps. As such, there is no available evidence to support an error concerning award of the MSM.[UAu1] 4. The governing regulation for award of the ASR clearly states the ribbon will be awarded upon completion of training and award of an MOS. The available evidence shows the applicant did not complete the required training for award of an MOS and eligibility for award of the ASR. //NOTHING FOLLOWS// [UAu1]I agree with the analyst. There is no proof to support applicants contention. Other than the member saying that he was never awarded the MSM, there is no evidence to support that an error or injustice occurred almost 8 years ago. The ABCMR Analyst or CMD should at least try to contact the applicant to get his DD 214 from his Marine Corps service. No Marine Corps DD 214 in applicants IPERMS or Redwell. ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001446 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001446 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2