PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 September 2002
         DOCKET NUMBER: AR2002072355


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Donald P. Hupman		Member
Mr. Kenneth W. Lapin		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.

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2. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Distinguished Service Medal, the Soldier’s Medal, the Meritorious Service Medal, the Air Medal, the Army Achievement Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal, the Armed Forces Service Ribbon (correctly known as the Army Service Ribbon), the Presidential Unit Citation, the Aircraft Crewman Badge, the Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle Bar and the Good Conduct Medal.

3. The applicant’s request for the issuance of awards and decorations was addressed by separate correspondence to the applicant.

4. The applicant states that he was advised at the separation orientation that all military awards were to be shown on his DD Form 214; however, most of his awards are not shown on his discharge document. He contends that he is an airborne veteran, helicopter crew chief and that his unit flew missions. In support of his application, he submits a letter of explanation, dated 31 December 2001, and a copy of his DD Form 214.

5. The applicant’s military records show that he enlisted on 22 June 1978 for a period of 3 years. He served as a medium helicopter repairer and was honorably released from active duty on 19 June 1981.

6. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Distinguished Service Medal, the Soldier’s Medal, the Meritorious Service Medal, the Air Medal, the Army Achievement Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal, the Army Service Ribbon or the Presidential Unit Citation as authorized awards.

7. The applicant’s DD Form 214 does show the Aircraft Crewman Badge, the Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle Bar and the Good Conduct Medal as authorized awards. Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

8. There are no orders for the Distinguished Service Medal, the Soldier’s Medal, the Meritorious Service Medal, the Air Medal or the Army Achievement Medal in the applicant’s service personnel records. There also is no indication in his service personnel records that he was recommended for these awards.

9. There is no evidence in the available records which shows the applicant met the qualifications for award of the Army Reserve Components Achievement Medal.

10. There is no evidence in the available records which shows the applicant served a period of qualifying service for award of the National Defense Service Medal or the Army Service Ribbon.

11. There are no orders for award of the Presidential Unit Citation in the applicant’s service personnel records.

12. There are no orders for the Army Commendation Medal in the applicant’s service personnel records. However, his records do contain an award certificate, dated 13 July 1981, for the Army Commendation Medal for meritorious service during the period 1 January 1979 to 20 June 1981. This award is not shown on his DD Form 214.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Distinguished Service Medal is awarded to any person who, while serving in any capacity with the U.S. Army, has distinguished himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility. The performance must be such as to merit recognition for service which is clearly exceptional. Exceptional performance of normal duty will not alone justify an award of this decoration. For service not related to actual war, the term “duty of great responsibility” applies to a narrower range of positions than in time of war and requires evidence of conspicuously significant achievement. However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of high positions of great importance. Award may be made to persons other than members of the Armed Forces of the United States for wartime services only, and then only under exceptional circumstances with the express approval of the President in each case.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The same degree of heroism is required as for award of the Distinguished Flying Cross. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Awards of the Soldier’s Medal will not be made solely on the basis of having saved a life. 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. There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves 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. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award. The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee. Since 3 March 1972 the medal has been authorized on completion of 4 years service with a Reserve Component unit. Individual must have completed 4 years of qualifying service on or after 3 March 1972 and before the effective date of this regulation (28 March 1995). Beginning on the effective date of this regulation, the period of qualifying service for award of the Army Reserve Components Achievement Medal is reduced from 4 to
3 years. This change is not retroactive. Such years of qualifying service must have been consecutive. A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service. Credit toward earning the award must begin anew after a break in service. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Army Reserve Components Achievement Medal.

19. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

20. Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

21. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

22. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Distinguished Service Medal, the Soldier’s Medal, the Meritorious Service Medal, the Air Medal or the Army Achievement Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of these medals to the applicant.

2. There is no evidence of record, and the applicant has provided no evidence, which shows he met the qualifications for award of the Army Reserve Components Achievement Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Reserve Components Achievement Medal in this case.

3. There is no evidence of record, and the applicant has provided no evidence, which shows that he served a period of qualifying service for award of the National Defense Service Medal or the Army Service Ribbon. Therefore, the Board determined that there is insufficient evidence on which to base award of the National Defense Service Medal or the Army Service Ribbon.

4. There is no evidence of record which shows the applicant’s unit was awarded the Presidential Unit Citation or that his unit performed extraordinary heroism in action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Presidential Unit Citation in this case.

5. The Board finds the award certificate for the Army Commendation Medal sufficient as a basis for award of the Army Commendation Medal. Therefore, the applicant’s DD Form 214 should be corrected to show this medal.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Commendation Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

AAO___ DPH_____ KWL_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072355
SUFFIX
RECON
DATE BOARDED	20020924
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.