BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001086 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: 30 May 2017 DOCKET NUMBER: AR20160001086 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: 30 May 2017 DOCKET NUMBER: AR20160001086 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) by showing he was awarded the Meritorious Service Medal (MSM). 2. The applicant states that he received the MSM in response to his request to the National (NA) Personnel Records Center (NPRC) for an issuance of his awards. He subsequently noticed the MSM was not included on his last DD Form 214 and now wants it added. 3. The applicant provides: * DD Form 214 issued by the U.S. Army ending on 31 March 2012 with DD Form 214C (Continuation Sheet) * NA Form 13059 (Transmittal of and/or Entitlement to Awards, dated 22 October 2015 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. At the time of his application, the applicant was retired from the U.S. Army in the rank of specialist, pay grade E4. His DD Form 214 contains numerous personal decorations, service medals, unit awards and badges resulting from his service in both the U.S. Air Force and the U.S. Army while in both the Reserve and Regular components. Listed among these decorations is the Air Force Reserve Forces Meritorious Service Medal (5th Award). This form also states that the applicant had 5 years and 5 months of prior active duty service and 15 years of prior inactive service. 3. The NA Form 13059, as provided by the applicant, indicates that he was authorized the MSM with four bronze oak leaf clusters, indicating a total of five awards. REFERENCES: 1. 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. 2. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. It provides for the entry in Item 13 of all authorized awards. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by adding the MSM because the NPRC sent him the medal. 2. There are no available orders announcing the applicant’s award of one or more MSMs. The transmittal document provided by the applicant is not sufficient to show he was recommended for and awarded one or more MSMs while in the U.S. Army. 3. A review of the applicant’s DD Form 214 revealed five awards of the Air Force Reserve Forces Meritorious Service Medal. These awards may be what prompted NPRC to send the applicant the MSM that he thinks is missing from his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001086 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001086 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2