BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120019693 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 2 March 1970 to show the Meritorious Service Medal.  He also requests that he be provided a copy of the citation for the Meritorious Service Medal.

2.  The applicant states he was awarded the Meritorious Service Medal; however, he lost the citation for this award.  Additionally, this award was not recorded on his DD Form 214 for the period ending on 2 March 1970.

3.  The applicant provides no additional evidence.

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 was appointed as a Reserve commissioned officer on 31 May 1957 and entered active duty on 20 June 1957.  He was honorably discharged on 20 April 1958.  His DD Form 214 does not list any awards.  

3.  On 21 April 1958, he accepted an appointment as a commissioned officer in the Regular Army and entered active duty.  He held specialty 4960 (Petroleum Product Supply Officer) and served in a variety of stateside and overseas assignments.  The highest rank/grade he attained while serving on active duty was major/O-4.

4.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not list the Meritorious Service Medal.

5.  His military record does not contain evidence of a recommendation, a citation, or orders awarding him the Meritorious Service Medal.

6.  He was honorably discharged on 2 March 1970.  His DD Form 214 and 
DD Form 215 (Correction of the DD Form 214) does not list the Meritorious Service Medal. 

7.  Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal 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 Meritorious Service Medal 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.  

DISCUSSION AND CONCLUSIONS:

His records do not contain orders, a citation, or recommendations for award of the Meritorious Service Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Meritorious Service Medal.  As such, there is an insufficient evidentiary basis for granting his requested relief.



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)                                         AR20120019693



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ABCMR Record of Proceedings (cont)                                         AR20120019693



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