BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160014277 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160014277 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Meritorious Service Medal from his DD Form 214 and adding the Meritorious Service Medal (2nd Award). 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing his dates of service in Israel. ______________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: 20 June 2018 DOCKET NUMBER: AR20160014277 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: a. award of the Meritorious Service Medal (2nd Award) and b. his dates of service in Israel in item 18 (Remarks). 2. The applicant states his retirement Meritorious Service Medal was awarded after his DD Form 214 was finalized. He did not notice his service in Israel was omitted from his DD Form 214 when he completed his final review of the form. 3. The applicant provides: * Meritorious Service Medal Certificate * DD Form 1351-2 (Travel Voucher or Subvoucher) 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. Having prior inactive service, the applicant enlisted in the Regular Army on 23 May 1995 and remained on active duty through continuous reenlistments. 3. His records contain a DD Form 638 (Recommendation for Award), dated 12 March 2016, for a second award of the Meritorious Service Medal. Item 8 (Previous Awards) of this form shows the Meritorious Service Medal. 4. He provided: a. A Meritorious Service Medal Certificate, dated 20 April 2016, for exceptionally meritorious service during the period 1 May 2006 to 30 April 2016. b. An undated DD Form 1351-2 showing he traveled to Israel from 4 May to 12 May (year is unknown). 5. On 30 April 2016, he retired in the rank of master sergeant. 6. His DD Form 214 shows: * award of the Meritorious Service Medal * his last duty assignment and major command as 5th Special Forces Group, Company C, Main Operation Base Support * no dates of service in Israel in item 18 (Remarks) REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. There was no provision to enter any duty assignment on the DD Form 214 other than the unit of assignment upon separation. DISCUSSION: 1. The applicant's DD Form 214 shows one award of the Meritorious Service Medal, but orders show he was awarded two Meritorious Service Medals. His DD Form 214 does not show two Meritorious Service Medals. 2. His request to show his dates of service in Israel was noted. However, his 2-week mission/exercise to Israel was a temporary duty assignment. There is no provision to show duty assignments on the DD Form 214 other than the last duty assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014277 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014277 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2