BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160001971 BOARD VOTE: ___x_____ ____x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160001971 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1989 by deleting the Defense Meritorious Service Medal and adding the Defense Meritorious Service Medal (2nd Award). _____________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: 23 May 2017 DOCKET NUMBER: AR20160001971 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 Defense Meritorious Service Medal (DMSM) (2nd Award). 2. The applicant states, in effect, he was awarded a second DMSM; however, the award is not recorded on his DD Form 214 due to a clerical error. 3. The applicant provides: * Letter Order - Award of the DMSM, issued by Defense Intelligence Agency (DIA), Washington, DC on 2 October 1986 * DD Form 2412 (DMSM Certificate), dated 3 October 1986 * Orders S122-10 issued by U.S. Total Army Personnel Command, Alexandria, VA, dated 28 June 1989 * DMSM Certificate, dated 18 September 1989, annotated as "First OLC" (i.e., 2nd Award) * DMSM Citation, annotated as 2nd Award * DD Form 214 for the period ending 30 September 1989 (Member 1 and Member 4 copies) 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 prior enlisted service, the applicant entered active duty as a commissioned officer on 23 February 1968 and was branched as an armor officer. He served in a variety of stateside and overseas assignments and attained the rank of lieutenant colonel (LTC). 3. Orders S122-10, issued by the U.S. Total Army Personnel Command on 28 June 1989, released him from assignment and duty, retired him from active service, and placed him on the retired list in the rank of LTC effective 30 September 1989. His unit of assignment identified in the standard name line of these orders is U.S. Army Element, Office of the Secretary of Defense, Pentagon, Washington, DC. 4. The applicant retired on 30 September 1989 after serving 21 years, 7 months, and 8 days of net active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the DMSM. 5. The applicant's record is void of orders announcing a second award of the DMSM. 6. The applicant provides: a. A DD Form 2412 that shows he was awarded the DMSM by the Director, DIA, on 3 October 1986, for exceptionally meritorious service from 12 January 1983 to 18 July 1986. This DMSM Certificate is accompanied by Letter Order, dated 2 October 1986, signed for the Director by the Deputy Chief, Military Personnel Operations Division. b. A second DD Form 2412 that shows he was awarded the DMSM (2nd Award) by the Office of the Secretary of Defense on 18 September 1989, for exceptionally meritorious service. This is accompanied by the narrative citation that states he distinguished himself by exceptionally meritorious service in the Office of the Assistant Secretary of Defense for International Security Affairs, from July 1986 to September 1989. This narrative citation appears to indicate this second DMSM was awarded as his retirement award. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the DMSM is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 3 November 1977, distinguished themselves by noncombat meritorious achievement or service. DISCUSSION: 1. The applicant provides a DMSM Certificate and letter orders that show he was awarded the DMSM (his initial award) on or about 3 October 1986. 2. The applicant provides a second DMSM Certificate accompanied by a narrative citation for the period July 1986 to September 1989, while assigned to the Office of the Secretary of Defense. He does not provide the accompanying orders for this second award; however, the narrative citation, coupled with his retirement orders, indicates this second DMSM was awarded as his retirement award. 4. The applicant's second DMSM was omitted at the time his DD Form 214 was prepared. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001971 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001971 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2