IN THE CASE OF: BOARD DATE: 12 May 2015 DOCKET NUMBER: AR20140015218 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 the Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1987. 2. The applicant states he was awarded the MSM on 26 May 1997, approximately 6 years after his retirement from the U.S. Army Reserve (USAR). He received the award in the mail with no additional information. 3. The applicant provides: * a DD Form 214 * a memorandum * Permanent Orders * a DA Form 4980-12 (MSM Certificate) 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. Following a period of service in the U.S. Navy, the applicant enlisted in the USAR on 9 July 1976. 3. On 18 September 1981, he was ordered to active duty in an Active Guard/Reserve status and continued to serve on active duty until he was honorably retired due to length of service on 30 June 1987. The DD Form 214 he was issued upon retirement does not show the MSM as an authorized award. 4. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show award of the MSM. 5. Although there is no other indication in the applicant's record that he was in an active status following his retirement, USAR Personnel Center, St. Louis, MO, Orders D-12-269037, dated 19 December 1992, show the applicant was discharged from the Ready Reserve effective 5 January 1993. 6. The applicant's record contains and he also provides: a. A memorandum sent to him by Chief, Inquiries/Awards Branch, Soldier Support Division, USAR Personnel Center, St. Louis, MO, Subject: Decoration, dated 28 May 1983. The Chief, Inquiries/Awards Branch informed the applicant that he had been awarded the MSM for meritorious service as a Citizen Soldier of the USAR and indicated that the medal, orders, and certificate were enclosed. b. A certificate and Permanent Orders, dated 26 May 1993, which show he was awarded the MSM for outstanding meritorious service for the period 6 January 1983 to 5 January 1993. 7. The applicant's record is void of any indication that he served a period of active duty following his retirement on 30 June 1987 which would have warranted the issuance of a subsequent DD Form 214. It is also void of any explanation as to why the applicant was awarded the MSM nearly 6 years following his retirement or why the period recognized by the award did not end until nearly 6 years subsequent to his retirement. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his retirement. 2. Since he was apparently awarded the MSM for service through 5 January 1993 (subsequent to the date of his retirement), there is no basis for adding this award to his DD Form 214 for the period ending 30 June 1987. 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) AR20140015218 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140015218 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1