IN THE CASE OF:	  

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090016596 


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 that his award of the Meritorious Service Medal (MSM) be located and added to his official records.  In effect, he requests the orders awarding his MSM be located and placed in his records, and the award be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states when he retired at Fort Lewis, WA, in August 1980 he was awarded the MSM by general orders.  The orders were never placed in his official records and his copy was destroyed in a fire.

3.  The applicant provides no additional documentation in support of this case.

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 is a retired Regular Army master sergeant/E-8.  He retired at Fort Lewis, WA, on 31 August 1980.  His retirement DD Form 214 shows the following awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Meritorious Unit Commendation, Presidential Unit Citation, Army Commendation Medal, Bronze Star Medal, overseas service bars (7), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Army Good Conduct Medal (6th Award).  It does not show the MSM.

3.  There are no general orders in the applicant's service personnel records that show he was awarded the MSM.

4.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show award of the MSM.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 in a noncombat area.  

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  It states the ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his MSM orders be located and placed in his official records and the award added to his DD Form 214.

2.  There are no orders in the available records and the applicant stated that his copy of the orders was destroyed in a fire.  Unfortunately, the burden of proof is with the applicant.  Since orders are not available, there is insufficient evidence to warrant approving the requested correction.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  __X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20090016596



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ABCMR Record of Proceedings (cont)                                         AR20090016596



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