RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 04 March 2008 DOCKET NUMBER: AR20070015011 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Dean L. Turnbull Analyst The following members, a quorum, were present: Mr. James E. Anderholm Chairperson Mr. William D. Powers Member Mr. Jerome L. Pionk Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected to show the award of the Defense Meritorious Service Medal (DMSM). 2. The applicant states, in effect, that his orders for the DMSM were not included at the time of his separation from the military because of the amount of accumulated transition leave he took between 10 May 1992 and 31 August 1992. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Headquarters, Military Traffic Management Command, Permanent Orders 32-2 dated 19 June 1992. 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's military personnel record shows he enlisted in the Regular Army on 22 May 1979. He completed all the necessary training and was awarded the military occupational specialty (MOS) 88N (Traffic Management Coordinator). He was honorably retired from active duty on 31 August 1992 and placed on the retired list on 1 September 1992. He completed a total of   13 years, 3 months, and 10 days Net Active Service This Period and 6 years,   10 months, 1 day of Total Prior Active Service. 3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, National Defense Service Medal with 1 bronze service star, Overseas Service Ribbon (3), Army Achievement Medal (1st Oak Leaf Cluster), Army Commendation Medal (2nd Oak Leaf Cluster), Meritorious Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Army Good Conduct Medal (6th Award), Noncommissioned Professional Development Ribbon (3), and the Army Retired Lapel Button. However, it does not show the award of the DMSM. 4. Headquarters, Military Traffic Management Command, Permanent Orders   32-2 dated 19 June 1992 show the applicant was awarded the DMSM for meritorious service. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his records should be corrected to show the DMSM. 2. Orders show the applicant was awarded the DMSM. Therefore, he is entitled to correction of his records to show this award. BOARD VOTE: __JEA__ __WDP__ __JLP ___ 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 showing the award of the DMSM. ___James E. Anderholm _ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON DATE BOARDED 20080304 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.