IN THE CASE OF: 

		BOARD DATE: 15 November 2023

		DOCKET NUMBER: AR20230003396


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 30 May 1986 to show award of the 
Meritorious Service Medal.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214

FACTS:

1.   The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. Code, 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 the Meritorious Service Medal he received in May 1986 is 
missing from his DD Form 214.

3.  He enlisted in the Regular Army on 2 August 1977. He was promoted to the 
rank/grade of sergeant/E-5 effective 1 August 1980 with a date of rank of 12 July 1980.

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel 
Qualification Record – Part II) does not show award of the Meritorious Service Medal.

5.  He was honorably discharged on 30 May 1986 by reason of physical disability with 
severance pay. He completed 8 years, 9 months, and 29 days of net active service. 
Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or 
Authorized) of his DD Form 214 does not show award of the Meritorious Service Medal.

6.  His Official Military Personnel File does not contain a DA Form 638 
(Recommendation for Award) or orders awarding him the Meritorious Service Medal.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the applicant's military records, the Board found that relief was not warranted. The 
Board carefully considered the applicant's record of service, documents submitted in 
support of the petition and executed a comprehensive and standard review based on 
law, policy and regulation. Upon review of the applicant’s petition and available military 
records, the Board the record is absent sufficient evidence showing an approved 
recommendation, a signed DA Form 638 or orders awarding a Meritorious Service 
Medal. The Board concluded the burden of proof rests with the applicant to provide 
evidence of a clear and convincing nature with documentation to support his request for 
the award. Based on this the Board denied relief.


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.

	 
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, 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 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards. All non-
service awards will be announced in permanent orders. The Army does not allow self-
recognition (including spouses or other family members); therefore, a Soldier may not 
recommend himself or herself for award of a decoration.

	a.  The Meritorious Service Medal is awarded to any member of the Armed Forces of 
the United States or any member of the Armed Forces of a friendly foreign nation who 
has distinguished himself or herself by outstanding meritorious achievement or service.

	b.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of 
proposals for decorations not previously submitted in a timely fashion. Upon the request 
of a Member of Congress, the Secretary concerned shall review a proposal for the 
award of or upgrading of a decoration. Based upon such review, the Secretary shall 
determine the merits of approving the award.

	c.  The request, along with a DA Form 638, must be submitted through a Member of 
Congress to: Commander, U.S. Army Human Resources Command, Attention:  
AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The unit must 
be clearly identified, along with the period of assignment and the recommended award. 
A narrative of the actions or period for which recognition is being requested must 
accompany the DA Form 638. Requests should be supported by sworn affidavits, 
eyewitness statements, certificates, and related documents. Supporting evidence is 
best provided by commanders, leaders, and fellow Soldiers who had personal 
knowledge of the facts relative to the request. The burden and costs for researching and 
assembling supporting documentation rest with the applicant.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230003396


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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