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Decision Text

ARMY | BCMR | CY2002 | 2002066551C070402
Original file (2002066551C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 14 FEBRUARY 2002
         DOCKET NUMBER: AR2002066551


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Barbara J. Ellis Member
Mr. John E. Denning 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 that his records be corrected to reflect award of a second Meritorious Service Medal. He states that his 2001 DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects entitlement to only one Meritorious Service Medal. In support of his request he submits a copy of the award citation and confirmation orders.

3. Information available to the Board indicates the applicant served on active duty between 1992 and 2001, with 2 years of active service prior to 1992. In July 2001, while assigned to the Lubbock Recruiting Company, his Battalion Commander recommended him for award of the Meritorious Service Medal. The award recognized the applicant's meritorious service as commander of the Lubbock Recruiting Company between 27 May 2000 and 11 August 2001. The award was initiated as a result of the applicant's scheduled separation from active duty. The award recommendation indicates the applicant had previously been awarded a Meritorious Service Medal and this award, if approved, would constitute his second Meritorious Service Medal. Copies of the applicant's initial award of the Meritorious Service Medal were not available to the Board.

4. On 11 August 2001, prior to finalization of the Meritorious Service Medal recommendation, the applicant was released from active duty. His DD Form 214 reflects entitlement to only one Meritorious Service Medal.

5. His second award of the Meritorious Service Medal was approved on
17 October 2001, nearly two months after his separation from active duty, and confirmed in orders issued by Headquarters, U.S. Army Recruiting Command.

6. Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to a member of the Armed Forces of the United States or of a friendly foreign nation who distinguishes himself or herself by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

CONCLUSIONS:

1. Although copies of the applicant's initial award of the Meritorious Service Medal were not available, the Board concludes there is sufficient evidence to confirm the applicant was awarded a second Meritorious Service Medal. The award recommendation indicates the May 2000-August 2001 award was the applicant's second award and the Board believes the second award was likely omitted from his August 2001 separation document because the award was not finalized until more than 2 months after his separation. As such, the Board concludes it would be appropriate, and in the interest of justice, to correct the applicant's records accordingly.

2. 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 two awards of the Meritorious Service Medal.

BOARD VOTE:

__JNS __ __BJE __ __JED __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone_____
                  CHAIRPERSON




INDEX

CASE ID AR2002066551
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020214
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. 107.00
2.
3.
4.
5.
6.


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