BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150009518 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150009518 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150009518 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 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Meritorious Service Medal (MSM). 2. The applicant states, in effect, that he was awarded the MSM. 3. The applicant provides a copy of an MSM Certificate, dated 7 June 1985. 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 retired from the Regular Army on 30 April 1985 after completing 20 years, 1 month, and 23 days of active service. 3. His record contains a DA Form 2-1 (Personnel Qualification Record – Part II) which shows in item 35 (Record of Assignments), he was assigned to C Battery, Staff Facility Battalion, Fort Sill, OK, from 5 April 1983 to 30 April 1985. The form does not show he was awarded the MSM. 4. His DD Form 214 for the period ending on 30 April 1985, does not show he was awarded the MSM. 5. The applicant’s record does not contain nor has he provided orders awarding him the MSM. 6. The applicant provides a copy of his MSM Certificate, dated 7 June 1985. This certificate does not name an orders-issuing authority or include an order number. The certificate indicates he received the award for his assignment with C Battry, 4th Battalion, 4th Field artillery, from October 1983 through April 1 1985. REFERENCES: 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: 1. Army Regulation 600-8-22 states for all personnel awards (including the MSM), formal recommendations, approval through the chain of command, and announcement in orders are required. 2. The applicant's record did not contain nor did he provide a copy of official orders announcing his award of the MSM. 3. The applicant provided a copy of an MSM Certificate. Unfortunately, possession of an award certificate does not automatically confer entitlement to an award. Therefore, in the absence of evidence confirming that orders were published, there is insufficient evidence to confirm the applicant was properly awarded the MSM. If the applicant has a copy of the orders announcing this award or a copy of the DA Form 638 (Recommendation for Award) showing the appropriate authority approved the award, he is encouraged to submit that documentation with a request for reconsideration. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009518 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009518 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2