IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000895 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 IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000895 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. IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000895 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 award of the Meritorious Service Medal (MSM) instead of the Army Commendation Medal (ARCOM) (5th Award). 2. The applicant states, in effect, upon his retirement he received at his home an award of an ARCOM (5th Award). After reading the recommendations on the award, he noticed the award was recommended for upgrade to the MSM. 3. The applicant provides: * DD Form 214 * DA Form 638 (Recommendation for Award) * 2 DA Forms 4980-14 (ARCOM Certificate) 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 5 months and 18 days prior active service, the applicant enlisted in the Regular Army on 20 November 1990. 3. The applicant retired honorably on 30 June 2011 after completing 20 years, 7 months, and 11 days of net active service. His DD Form 214 shows he received the ARCOM (5th Award). The form does not show he was awarded the MSM. 4. A review of his Official Military Personnel File (OMPF) does not contain documents awarding the applicant the MSM and only contains permanent orders for two ARCOMs. 5. His record does not contain nor has he provided orders awarding him the MSM. 6. The applicant provides copies of two ARCOM Certificates; however, only one is present in his OMPF. The other certificate he provides is stamped with verbiage which shows that it was received from an unofficial source. He further provides a copy of DA Form 638 encompassing the period 1 July 2001 through 30 June 2011 which is also stamped with verbiage which shows that it was received from an unofficial source. This form shows he was recommended for award of the ARCOM (5th oak leaf cluster) as his retirement award. The intermediate authority recommended the award be upgraded to a MSM and the acting commander approved the award on 25 May 2011. The acting commander did not indicate what level award he was approving. However, the permanent order number is blacked out and the Orders Issuing Authority appears to have approved an award of the ARCOM (5th oak leaf cluster) on 26 May 2011. This document is not located in his OMPF. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the MSM 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 MSM 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. Additionally, the DA Form 638 he provided does not show an order number and appears to have been received from an unofficial source. 3. In the absence of evidence confirming that orders were published, there is insufficient evidence to confirm the applicant was properly awarded the MSM. At this time, there appears to be insufficient evidence to support the requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000895 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000895 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2