IN THE CASE OF: BOARD DATE: 3 August 2021 DOCKET NUMBER: AR20210006777 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 30 June 2012 by adding the Meritorious Service Medal (MSM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 638 (Recommendation for Award) * DD Form 214, ending 30 June 2012 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 (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 that his DD Form 214 for service ending 30 June 2012 does not reflect that he was awarded two Meritorious Service Medals and he requests a DD Form 215 (Correction of DD Form 214) to add the two Meritorious Service Medals. 3. A review of the applicant's service record shows: a. He enlisted in the Regular Army (RA) on 1 December 1988. b. He was honorably discharged from active duty on 10 January 2002 to accept A commission or warrant in the Army. DD Form 214 shows he completed 13-years, 1-month, and 10-days of active service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows that the applicant was awarded: * Army Lapel Button * Army Commendation Medal (2nd Award) * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (4th Award) * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar c. On 11 January 2002, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT). d. On 10 December 2001, Orders Number A-12-005408, issued by the U.S. Total Army Personnel Command, the applicant was ordered to active duty to fulfill an Active Army requirement, effective 11 January 2002. e. On 16 April 2012, the applicant was awarded the Meritorious Service Medal for meritorious service for the period of 1 July 2002 through 30 June 2012 per Permanent Orders Number 107-028. f. The applicant was honorably retired from active duty on 30 June 2012. DD Form 214 shows he completed 10 years, 5 months, and 20 days of active service. Item 13 shows the applicant was awarded: * Army Commendation Medal (3rd Award) * Army Achievement Medal (2nd Award) * Valorous Unit Award * Army Good Conduct Medal (4th Award) * National Defense Service Medal with Bronze Service Star * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon 4. The applicant provides, DD Form 638 that shows the applicant was recommended for a Meritorious Service Medal with one Oak Leaf Cluster (1OLC) for the period of service 1 December 1988 through 1 July 2012 for his retirement. The award recommendation for the Meritorious Service Medal with 1OLC was approved. Permanent Orders Number 107-028 on 3 May 2012. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The DA Form 638 provided shows the MSM awarded was his second. Therefore, the Board determined there is sufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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 adding the MSM (2nd award) to his DD Form 214 for the period ending 30 June 2012. 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, USC, 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards), in effect at the time, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 3–15 (Meritorious Service Medal), the Meritorious Service 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. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. AR 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). a. Paragraph 2-3 (Source documents), approval documentation must be present for transition processing to occur. All source documents should be in place to complete the DD Form 214WorkSheet (WS). If approval documentation is not present in a Soldier's records, action will be coordinated with the necessary activity (personnel service division, Assistant Chief of Staff for Personnel/Adjutant General or chain of command) for proper source documents. b. Use the following documents when preparing a DD Form 214WS: * Enlisted record brief (ERB) (computer generated) * DA Form 4037 (Officer Record Brief) (ORB) (computer generated) * separation approval authority documentation, if applicable * separation order * any other document authorized for filing in the Official Military Personnel File b. Paragraph 2-4h (13) (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. c. Paragraph 2-6c, after a Soldier departs the transition center and/or if distribution of the DD Form 214 has been made, correct the error by forwarding a memorandum (to the appropriate location below) requesting that a new DD Form 214 or DD Form 215, as applicable, be issued: (4) Discharged or retired Soldiers without Reserve status, Director, National Personnel Records Center, ATTN: Chief, Army Reference Branch, 9700 Page Avenue, ST. Louis, MO 63132-5100. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006777 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1