ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 April 2019 DOCKET NUMBER: AR20170018855 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Meritorious Service Medal (MSM) * Korea Defense Service Medal (KDSM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Order 97-2 (page 1) * MSM Certificate * DA Form 2-1 (Personnel Qualification Record-Part II) 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: * he was mailed the MSM orders and certificate after he was discharged * the MSM is not on his DD Form 214 3. The available records are sufficient to confirm his eligibility for the KDSM. This award will be added to his DD Form 214 as an administrative correction and will not be considered by the Board. The Board will consider his request to add the MSM to his DD Form 214. 4. He retired by reason of physical disability on 12 July 1989. His DD Form 214 does not show the MSM. 5. The applicant provided the first page of Permanent Orders 97-2, dated 30 October 1989. The first page does not specify the purpose of the orders; however, it does show he received recognition for his service from 1 September 1979 to 31 August 1989. A member of the Board's staff contacted the applicant to obtain the second page of the orders, but he advised the staff member he was on an extended absence from his home and could not provide additional documentation at this time. 6. He provided an MSM Certificate, dated 8 November 1989 that shows, the dates shown on the first page of the orders he provides. The certificate is signed by a commanding major general. 7. 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. 8. Army Regulation 600-8-22 states meritorious service awards will be awarded, upon retirement (to include medical retirements), which may include periods of service longer than that served in the recommending command. An extended period will only be considered in those cases where the length or nature of the individual’s terminal assignment would not qualify him or her for an appropriate award. It is neither necessary nor desirable to consider an extended period of service when the length and character of service of retirees in their terminal assignments would qualify them for an appropriate award. This is not to imply that an extended period of service should be considered for every individual who retires, and such periods will be limited to the last 10 years of service. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions were carefully considered. Based upon the preponderance of evidence, the Board agreed the certificate and first page of the recommendation was adequate to recommend relief and add the MSM to his separation document. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 for the period ending 12 July 1989 by adding the Meritorious Service Medal. 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: The applicant met the criteria for the KDSM. Add this award to his DD Form 214 for the period ending 12 July 1989. 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. 3. Army Regulation 600-8-22 states meritorious service awards will be awarded, upon retirement (to include medical retirements), which may include periods of service longer than that served in the recommending command. An extended period will only be considered in those cases where the length or nature of the individual’s terminal assignment would not qualify him or her for an appropriate award. It is neither necessary nor desirable to consider an extended period of service when the length and character of service of retirees in their terminal assignments would qualify them for an appropriate award. This is not to imply that an extended period of service should be considered for every individual who retires, and such periods will be limited to the last 10 years of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170018855 4 1