ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  15 February 2019

	DOCKET NUMBER:  AR20160014562


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) by adding the Meritorious Service Medal (MSM).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record).

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that after his last command (Company C, 2nd Battalion, 8th 
Cavalry) he was awarded the MSM.  The issue may have been that he was awarded 
the MSM just as he was leaving the service.  His command ended in September 1984, 
and he believes he received the MSM in December.  He served in the S-3 office until his 
departure on 1 January 1985.

3.  On 6 June 1973, the applicant was appointed as a commissioned officer.  He was 
promoted to captain/O-3 effective 6 June 1987.

4.  His DA Form 2-1 shows:

*	no entry for the MSM (item 9)
*	from March 1983 through late August 1984, he was Commander, Company C, 
2nd Battalion, 8th Cavalry, and after this assignment he served as an assistant 
S-3 (item 35)

5.  An Officer Record Brief, dated December 1984, does not show the MSM among his 
authorized awards.

6.  His Official Military Personnel File does not contain orders announcing award of the 
MSM to him.
7.  On 1 January 1985, he was honorably discharged.  His DD Form 214 does not list 
the MSM among his authorized awards.

8.  Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal is 
awarded to members of the Armed Forces of the United States who distinguish 
themselves by outstanding meritorious achievement or service.  As with all personal 
decorations, formal recommendations, approval through the chain of command, and 
announcement in orders are required.  

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence 
in the service record, and applicable regulations, policy, and guidance.  The applicant’s 
Official Military Personnel File is void of any orders announcing the award of the MSM, 
nor is the award reflected on his ORB or annotated on his DD 214.  As with all personal 
decorations, formal recommendations, approval through the chain of command, and 
announcement in orders are required.  Therefore the Board denies the applicant’s 
request.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 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.


ADMINISTRATIVE NOTE(S):

Not Applicable

?
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  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.  


ABCMR Record of Proceedings (cont)	 AR20160014562
	
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