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ARMY | BCMR | CY2001 | 2001057970C070420
Original file (2001057970C070420.rtf) Auto-classification: Approved


PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2001
         DOCKET NUMBER: AR2001057970


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Lisa O. Guion Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Curtis L. Greenway Member
Mr. Donald P. Hupman, Jr. Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
                  advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show he earned the
Meritorious Service Medal (MSM).

3. The applicant states, in effect, that the MSM was given to him after his final out-processing appointment. In support of his application, he provides a copy of the award recommendation to include the orders data.

4. The applicant’s military records show that he continuously served on active duty in a series of assignments both in the United States and overseas for
20 years and 18 days, from 13 January 1981 until 1 February 2001, when he was released from active duty for the purpose of retirement, in the rank and pay grade of Sergeant First Class (SFC/E-7).

5. The applicant’s DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that the highest award he received during his active duty tenure was the Army Commendation Medal.

6. On 28 September 2000 the applicant was recommended for the award of the MSM by his commander for meritorious service during the period 14 January 1991 through 31 January 2001. The recommendation was processed through the proper chain of command and was approved by the appropriate authority on 17 November 2000.

7. Army Regulation 600-8-22, paragraph 3-14, provides, in pertinent part, that the MSM is awarded to any member of the Armed Forces of the United States who, while serving in a noncombat area after 16 January 1969, has distinguished themselves by outstanding meritorious achievement or service.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his MSM should be added to his separation document and finds this claim has merit.

2. The evidence of record confirms the applicant was awarded the MSM for meritorious service prior to his separation and that the DD Form 214 issued to him upon his retirement did not include this award. Therefore, the Board concludes it would be appropriate to add the MSM to his record at this time.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the MSM and issuing him a separation document that reflects this award.

BOARD VOTE:

___CLA__ __CLG__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Celia L. Adolphi __
                  CHAIRPERSON




INDEX

CASE ID AR2001057970
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/09/11
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0017
2.
3.
4.
5.
6.



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