RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01022 COUNSEL: HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be awarded the Meritorious Service Medal (MSM). APPLICANT CONTENDS THAT: He did not receive the MSM or have a retirement ceremony due to the majority of his squadron being deployed. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 11 Dec 70. On 31 Dec 90, the applicant was furnished an honorable discharge, retired effective 1 Jan 91, and was credited with 20 years, and 20 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DP3SP recommends denial because the requested relief of awarding the Meritorious Service Medal (MSM) is well outside the requirement of DoDM 1348.33, Manual of Military Decorations and Awards. DP3SP states the requirement is to formally enter the recommendation into official channels within three years of the act warranting the recommendation and award within five years of the act or achievement. After a thorough review of the applicant’s official military personnel records, they were unable to verify award of the MSM. While the applicant provided a Special Order awarding the MSM, they question its authenticity. The inclusive dates of the award are nearly 25 years prior to the “Given under my Hand Date,” placing the award well outside of the DoDM 1348.33, requirements. The MSM is governed by Executive Order 11448, 16 Jan 69, which authorizes the Secretary of a Military Department to award the MSM to any member of the United States Armed Forces, or to any member of the armed forces of a friendly foreign nation, who has distinguished himself or herself by outstanding meritorious achievement or service. The MSM may be awarded for outstanding achievement or service while serving in a designated combat zone. The applicant should receive consideration for a retirement decoration; however, submitting this DD Form 149 requesting the MSM, circumvented the correct procedure of submitting a nomination package through a Congressional office for consideration by the Secretary of the Air Force Personnel Council. A complete copy of the AFPC/DP3SP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s counsel argues that the OPR’s comments misrepresent the situation. He contends that the intentions of the application were not to circumvent the process, they followed the advice of the AF Personnel Specialists in AF/A3P, who processed the proposed decoration on advice and guidance from AFPC. If made aware of the alternate process, they would submitted a nomination package with the congressional office of South Carolina. The intent was to ensure the applicant was recognized for his contributions to the Air Force and the nation. Additionally, in support of awarding the applicant the MSM, his First Sergeant during the matter in question, submitted a letter reiterating the circumstances at the time, and requesting the Boards support to grant the applicant the MSM. A complete copy of the Applicant’s Counsel’s response w/atch is at Exhibit E. THE BOARD CONCLUDES THAT: 1.  The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission to include the response to the Air Force evaluation, we believe the applicant is the victim of an injustice. We note the comments of AFPC/DP3SP indicating that relief should be denied because awarding the Meritorious Service Medal (MSM) is well outside the requirement of DoDM 1348.33, Manual of Military Decorations and Awards, to formally enter the recommendation into official channels within three years of the act warranting the recommendation and award within five years of the act or achievement. However, we are convinced a preponderance of the evidence substantiates that as a result of an Air Force error the applicant is a victim of an injustice, and corrective action is warranted. In this respect, we note the strong support to grant the requested relief by the AF/A3 senior leadership, as well as the applicant’s previous commander and first sergeant attesting that not awarding the applicant the MSM upon his retirement was an oversight committed by their squadron’s home station skeleton crew of six personnel during Operation DESERT STORM/DESERT SHIELD. Accordingly, we find it reasonable to conclude that had this Air Force oversight not taken place, the applicant would have received the MSM for his meritorious service from 30 Jan 82 to 31 Dec 90. Therefore, we believe it appropriate to recommend the applicant’s records be corrected as indicated below. 4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 January 1991, he was awarded the Meritorious Service Medal (MSM) for meritorious service during the period 30 January 1982 to 31 December 1990. The following members of the Board considered AFBCMR Docket Number BC-2015-01022 in Executive Session on Thursday, 19 May 2016 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01022 was considered: Exhibit A.  DD Form 149, dated 30 Jan 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DP3SP, dated 15 Mar 16. Exhibit D.  Letter, SAF/MRBR, dated 29 Mar 16. Exhibit E.  Letter, Applicant’s Counsel, dated 18 Apr 16   w/atch.