IN THE CASE OF:  

		BOARD DATE:  17 February 2021

		DOCKET NUMBER:  AR20200003068


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 31 October 1996 to show the 
Meritorious Service Medal and a copy of the award order.

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, section 1552(b); however, the ABCMR 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 in effect, that his retirement award was not included on his 
DD Form 214. He states that the award orders were published at Fort Belvoir, VA and 
that he has since misplaced them.  

3.  The applicant enlisted into the Regular Army on 7 October 1974, he was awarded 
military occupational specialty 52B (Power Generation Equipment Operator and 
Mechanic). He assigned to his first duty station in Augsburg, Germany on 27 July 1975.

4.  His DA Form 2-1 (Personnel Qualification Record) contains the following information:

	a. Item 9 (Awards, Decorations and Campaigns) does not reflect award of the 
Meritorious Service Medal.

	b. Item 35 (Record of Assignments) reflects assignments from 7 October 1974 
through 31 October 1996. This item confirms his last duty assignment was at Fort 
Belvoir, VA.



5.  The applicant was honorably retired from Active Duty on 31 October 1996. His 
DD Form 214 does not reflect the Meritorious Service Medal

6.  The applicant’s record is void of orders awarding him the Meritorious Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a. the Meritorious Service Medal was established by Executive Order 11448,  
16 January 1969 as amended by Executive Order 12312, 2 July 1981, as amended by 
Executive Order 13286, 28 March 2003. It is awarded to any member of the Armed 
Forces of the United States or to any member of the Armed Forces of a friendly foreign 
nation who has distinguished himself or herself by outstanding meritorious achievement 
or service. 

	b. after 16 January 1969 but prior to 11 September 2001, the Meritorious Service 
Medal is authorized to be awarded only for meritorious service or achievement while 
serving in a non-combat area.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The Board members all agreed that the burden of proof lies with the applicant.  Based 
upon the absence of information showing he was awarded the MSM or orders, the 
Board agreed there is insufficient evidence to grant relief.
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:		:	:	GRANT FULL RELIEF

:		:	:	GRANT PARTIAL RELIEF

:		:	:	GRANT FORMAL HEARING

XXX	XXX	XXX	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.


		  
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.

REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 600-8-22 (Military Awards) states:

	a. the Meritorious Service Medal was established by Executive Order 11448, 16 
January 1969 as amended by Executive Order 12312, 2 July 1981, as amended by 
Executive Order 13286, 28 March 2003. It is awarded to any member of the Armed 
Forces of the United States or to any member of the Armed Forces of a friendly foreign 
nation who has distinguished himself or herself by outstanding meritorious achievement 
or service. 

	b. after 16 January 1969 but prior to 11 September 2001, the Meritorious Service 
Medal is authorized to be awarded only for meritorious service or achievement while 
serving in a non-combat area.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200003068


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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