Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9711258
Original file (9711258.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his military records be changed to reflect that when he retired in May 1976, he was awarded the Meritorious Service Medal (MSM), instead of the Army Commendation Medal (first oak leaf cluster).

APPLICANT STATES : The applicant states that he retired in May 1976, and was awarded the Army Commendation Medal in September of that same year. In 1996, while talking with retired members of his former unit, he learned that they all were awarded the MSM upon retirement. On learning this, he obtained a copy of the DA Form 638 which his company commander submitted in August 1976, which recommended him for a MSM. He therefore believes that he should have been awarded a MSM, but erroneously was awarded the Army Commendation Medal.

EVIDENCE OF RECORD : The applicant's military records show:

He entered active duty in 1956, and served honorably until his retirement in 1976. His service included overseas tours in Okinawa, Germany, and Vietnam, where he received the Bronze Star Medal. His terminal assignment was at Ft. Hood, Texas, where he supervised the document translation section of the 529 th Military Intelligence Company, 163d MI BN. His final OER reflects a score of 198 out of 200, and the narrative portion attests to his excellent performance of his duties.

He retired in May 1976, but it was not until August of that year that his company commander recommended him for an award. On 11 August 1976 his commander submitted a DA Form 638 which recommended that the applicant receive the MSM for “exceptionally meritorious service” during his final assignment. Notwithstanding this recommendation, however, on 8 September 1976 he was awarded the Army Commendation Medal “for meritorious service” by the Commander, III Corps and Ft. Hood, Texas.

Army Regulation 600-8-22 states that an individual is not automatically entitled to an award, and the decision to award an individual a decoration and the decision as to



which award is appropriate are both subjective decisions made by the commander having final award approval authority.
The awards approval authority is not bound to accept the recommendation of the subordinate commander who initiated the recommendation for an award.

DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The applicant has provided a satisfactory explanation why he did not submit a request for correction of his military records within three years of his receiving the Army Commendation Medal in September 1976.

3. While his service during his terminal assignment certainly was meritorious, it properly was recognized by the award of the Army Commendation Medal.

4. The recommendation by the applicant’s company commander that he be awarded the Meritorious Service Medal was not binding on the final approving authority, and the award of an Army Commendation Medal under the circumstances of this case was in compliance with Army Regulations. A review of the narrative of the proposed citation submitted by the applicant’s company commander reflects that it would support the award of the Army Commendation Medal, which may be awarded for heroism, meritorious/extraordinary achievement or meritorious service.

5. In view of the above, there is no basis for granting the applicant’s request.





DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE :

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090007266

    Original file (20090007266.txt) Auto-classification: Approved

    The applicant requests, in effect, that the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Report of Separation from Active Duty), dated 11 December 1978. Although orders awarding the applicant the ARCOM is not contained in the available records, evidence of record confirms the applicant was awarded the ARCOM for meritorious service during the period 26 January 1976 to 15 December 1978, as evidenced by a DA Form 638, dated 8 November 1978; the 1st Cavalry Division letter...

  • ARMY | BCMR | CY2012 | 20120022471

    Original file (20120022471.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (MSM) (1st Oak Leaf Cluster), Army Commendation Medal (ARCOM), and the Republic of Vietnam Armed Forces Honor Medal (2nd Class). The applicant provides the following in support of his request: * DA Form 4980-12 (MSM Certificate), dated 21 October 1983 * Permanent Order 176-29, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 26...

  • ARMY | BCMR | CY2013 | 20130011811

    Original file (20130011811.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Legion of Merit (LM). The evidence of record shows he was recommended for award of the LM; however, the approval authority and a reviewing MEDCOM Officer Awards Board did not agree with the recommendation. The evidence of record further shows the Commanding General of U.S. Army MEDCOM approved his award of the MSM as a retirement award.

  • ARMY | BCMR | CY2013 | 20130015722

    Original file (20130015722.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 29 April 2014 DOCKET NUMBER: AR20130015722 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DD Form 214 for this period of service shows in: a. block 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * Iraq Campaign Medal with four campaign stars (correctly known as the Iraq Campaign Medal with four bronze service stars) * Bronze Star Medal (2nd Award) * Army Commendation Medal (3rd Award) * Army Achievement Medal (2nd...

  • ARMY | BCMR | CY2011 | 20110004583

    Original file (20110004583.txt) Auto-classification: Denied

    His MOC states that the applicant received the MSM for his actions which led to the saving of a civilian woman’s life, during what has become known as the “Great Blizzard of 1978.” The applicant along with two other RI Army National Guard (RIARNG) Soldiers was also awarded the Valley Forge Cross from the National Guard Association of the United States (NGAUS) for their actions during the emergency. Two memoranda from the Military Awards Branch, AHRC, dated 1 May 2008 and 25 June 2009 show...

  • ARMY | BCMR | CY2010 | 20100017478

    Original file (20100017478.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Meritorious Service Medal with 2nd Oak Leaf Cluster (3rd Award) * Meritorious Unit Commendation for Company A, 2nd Battalion, 227th Aviation Regiment 2. The applicant provides the following documents in support of his application: * DA Form 4037 (Officer Record Brief) * DA Form 638 (Recommendation for Award), dated 21 July 2008 * DA Form 4980-12...

  • ARMY | BCMR | CY2003 | 2003084708C070212

    Original file (2003084708C070212.rtf) Auto-classification: Approved

    d. Based on the foregoing, the Chief of the Military Awards Branch recommended that the applicant's request should be denied, that he should receive the Army Commendation Medal (First Oak Leaf Cluster) approved by the Commanding General of the 5th Signal Command on 9 May 2002, and that the applicant's servicing personnel center should correct his official records to show this award. COL R, as the Chief of Staff and Headquarters Commandant of the 5th Signal Command at that time, indicated in...

  • ARMY | BCMR | CY2014 | 20140014835

    Original file (20140014835.txt) Auto-classification: Denied

    The applicant states: a. the narrative portion of the DA Form 638 (Recommendation for Award) initially recommending him for the LOM is incorrect; b. upon submitting his paperwork for retirement, his detachment commander asked for a copy of all of his officer evaluation reports in order to prepare his retirement award, to which he complied; c. after he read the award recommendation he informed his commander of the errors it contained, at which time, his commander told him it was already...

  • ARMY | BCMR | CY2008 | 20080010934

    Original file (20080010934.txt) Auto-classification: Approved

    He also indicates that his Official Military Personnel File (OMPF) and Enlisted Records Brief (ERB) clearly document these awards, and the DA Form 638 is the official orders for the second ARCOM, and as a result, it is unjust not to correct his record reflect these earned and previously issued awards. The applicant's Personnel Qualification Record (DA Form 2-1), which was prepared on 28 April 2004, includes an entry in Item 9 (Awards, Decorations, and Campaigns), which shows the applicant...

  • ARMY | BCMR | CY2003 | 2003086261C070212

    Original file (2003086261C070212.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his separation document (DD Form 214) be corrected by adding the Meritorious Service Medal (MSM) to the list of earned awards. The evidence of record confirms that the applicant was awarded the MSM and that this award was not included in the list of authorized awards contained in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s 5 July 2002 DD Form 214. That all of the Department of the...