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ARMY | BCMR | CY2002 | 2002075219C070403
Original file (2002075219C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 August 2002
         DOCKET NUMBER: AR2002075219


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Christopher J. Prosser Member
Mr. Harry B. Oberg 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 Certificate of Release or Discharge, DD Form 214, be amended to add two Army Achievement Medals (AAMs), the Army Commendation Medal (ARCOM), the Military Outstanding Volunteer Service Medal (MOVSM), and the National Defense Service Medal (NDSM).

3. The applicant makes no additional statement. He provides his DD Form 214; two Recommendations for Award, DA Forms 638, showing he was awarded the AAM in 2000 and 2002; and his Personnel Qualification Record, DA Form 2-1, as supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 2 March 1999.

5. A DA Form 638 dated 13 August 2000 shows the applicant was awarded the
AAM on Permanent Order 250-6, Headquarters, 5th Battalion, 5th Air Defense Artillery.

6. A DA Form 638 dated 10 January 2002 shows the applicant was awarded the AAM 1st oak leaf cluster (item 27b, the permanent order number block, is blank) by Headquarters, 3d Battalion, 62d Air Defense Artillery. Item 8 of this DA Form 638 shows his previous awards as the ARCOM and the AAM.

7. The applicant's DA Form 2-1, item 9 shows he was awarded the Army Service Ribbon.

8. On 14 January 2002, the applicant was released from active duty. His DD Form 214 shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Marksman Marksmanship Qualification Badges with Rifle and Grenade Bars, and the Army Lapel Button.

9. Army Regulation 600-8-22 provides Army policy and criteria concerning individual military decorations. It states that the MOVSM was established on 9 January 1993 and may be awarded to members of the Armed Forces and their Reserve Components who, subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature. Commander, U. S. Total Army Personnel Command message 061520Z May 1996 provided policy, guidance, and clarification of several issues regarding the MOVSM. It stated that the MOVSM is categorized as a U. S. service award and as such no permanent orders are issued announcing the award. If the MOVSM is approved, the personnel service company will annotate item 9 of the DA Form 2-1. It stated that, effective with this message, it is not necessary that a copy of the DA Form 638 disapproving


the MOVSM be forwarded for filing in the Official Military Personnel File (OMPF). As a service award, there is no accompanying certificate. (Normally, the DA Form 638 disapproving a personal decoration is filed in the OMPF. If the personal decoration is approved, the DA Form 638 would not need to be filed because the orders or certificate would be filed on the OMPF.)

10. Commander, U. S. Total Army Personnel Command message 121442Z June 1996 provided additional guidance regarding the MOVSM. It stated the DA Form 638 will be used to process recommendations for award of the MOVSM.

11. Military Personnel Message Number 02-150, subject: Reinstatement of the National Defense Service Medal, referenced Office of the Deputy Secretary of Defense Memorandum, same subject, dated 26 April 2002. The memorandum authorized reinstatement of the NDSM. It stated that the NDSM is awarded for honorable active service and includes the following inclusive periods: 27 June 1950 to 27 July 1954; 1 January 1961 to 14 August 1974; 2 August 1990 to 30 November 1995; and 11 September 2001 to a date to be determined.

CONCLUSIONS:

1. The applicant has submitted sufficient evidence to show he was awarded two AAMs. He meets the eligibility criteria for award of the NDSM, which was reinstated after he was released from active duty.

2. There is no evidence of record and the applicant has not submitted sufficient evidence to show he was awarded the ARCOM. The ARCOM is not listed on his DA Form 2-1 and no ARCOM orders/certificate are filed in his OMPF. The only indication that he might have been awarded the ARCOM is the entry in item 8 of the DA Form 638 dated 10 January 2002. However, the source for this entry is not available and it cannot be determined if it was a valid entry or an error.

3. There is no evidence of record and the applicant has submitted none, such as the DA Form 638 that recommended him for and approved the award of the MOVSM, to show he was awarded the MOVSM.

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

RECOMMENDATION:

1. That the applicant's DD Form 214 be amended to show he was awarded the National Defense Service Medal and two awards of the Army Achievement Medal.


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

BOARD VOTE:

__MKP__ __CJP __ _ _HBO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Margaret K. Patterson__
                  CHAIRPERSON



INDEX

CASE ID AR2002075219
SUFFIX
RECON
DATE BOARDED 2002/08/29
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT (PARTIAL RELIEF)
REVIEW AUTHORITY
ISSUES 1. 110.04
2. 107.0020
3.
4.
5.
6.



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