IN THE CASE OF:	  

		BOARD DATE:	        24 FEBRUARY 2009

		DOCKET NUMBER:  AR20080016043 


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 reconsideration of his request to have his military records corrected to reflect his award of the Meritorious Service Medal (MSM).

2.  The applicant states, in effect, that the Board did not consider his MSM Certificate when it considered his case and he desires it to be considered and the award added to his records. 

3.  The applicant provides a copy of his MSM Certificate.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080010486 on 7 October 2008.

2.  In the processing of this case, a staff member of the Board was able to obtain a copy of Permanent Orders Number 03-03, issued by Headquarters, 98th Division (Training), Syracuse, New York on 2 April 1991.  That order awarded the applicant the MSM for outstanding meritorious service during the period from September 1979 through October 1990.  A copy of the orders will be provided to the applicant with a copy of these proceedings.

3.  The MSM Certificate provided by the applicant shows that the applicant was awarded the MSM by Headquarters, 98th Division (Training) for the period from 9 September 1979 through 16 October 1990.

4.  The applicant was transferred to the United States Army Reserve (USAR) Control Group (Retired Reserve) on 10 July 1991.  His award of the MSM was not filed in his Official Military Personnel File (OMPF).

5.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

DISCUSSION AND CONCLUSIONS:

1.  Although the Board is not an investigative agency, a copy of the order awarding the applicant the MSM was obtained by the staff of the Board.

2.  Inasmuch as the applicant has provided a certificate for award of his MSM that matches the orders obtained by the Board, it is clear that he is entitled to have that his records corrected by having the supporting documents filed in his OMPF.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20080010486, dated 7 October 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by filing copies of his MSM Orders and Certificate in his OMPF.  Additionally, a copy of the MSM orders will be provided to the applicant for his records.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ______XXX________________
               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.

ABCMR Record of Proceedings (cont)                                         AR20080016043



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ABCMR Record of Proceedings (cont)                                         AR20080016043



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