IN THE CASE OF:	  

		BOARD DATE:	    15 November 2011

		DOCKET NUMBER:  AR20110010758 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM).

2.  He states that he recently found a copy of the certificate for the MSM stapled to other documents he received from the Army Reserve Personnel Center.  The award was issued after his retirement.  He thought it may have been denied until he found the copy of the certificate.

3.  He provides copies of the MSM Certificate and his 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 enlisted in the Regular Army on 22 October 1968 for a period of 3 years in pay grade E-1.  He completed training and he was awarded military occupational specialty 12B (Combat Engineer).

3.  He served continuously on active duty through several reenlistments until he was honorably retired on 31 May 1989 for length of service.  He completed 20 years, 7 months, and 9 days of creditable active service and no time lost.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 May 1989 does not show the MSM as an authorized award.

5.  Item 9 (Awards, Decorations, and Campaign) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not list the MSM.

6.  There are no orders in his records awarding him the MSM.

7.  He provided a copy of a certificate, dated 13 July 1989, that awarded him the MSM for outstanding meritorious service during 20 years of faithful and honorable duty.

8.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the MSM; however, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the MSM.  There is no evidence orders were published authorizing him award of the MSM.  In accordance with regulatory guidance, there is no automatic entitlement to any award, to include the MSM, upon reassignment, release, or discharge from the service.

2.  He has not shown error, injustice, or inequity for the relief he now requests.

3.  In view of the foregoing, there is an insufficient evidentiary basis for adding the MSM to his DD Form 214.

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)                                         AR20110010758



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010758



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1