| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. William D. Powers | Member | |
| Mr. Frank C. Jones II | Member |
2. The applicant requests that his 15 January 1998 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Legion of Merit and the New York State Conspicuous Service Cross award.
3. The applicant states that both awards were signed and presented to him after his retirement on 16 January 1998. The Legion of Merit was presented to him on 26 March 1998 and the New York State Conspicuous Service Cross Medal certificate was signed on 27 August 1998.
4. The applicant’s military records show that the applicant retired because of a permanent disability on 15 January 1998. He was a lieutenant colonel with over 20 years of active service. His DD Form 214 does not reflect the requested awards.
5. Orders published by Headquarters, Department of the Army Military Personnel Service Center, dated 20 March 1998, shows that the applicant was awarded the Legion of Merit for exceptionally meritorious service from 15 July 1994 to 15 November 1996 while serving as Deputy Project Manager, Integrated Logistics Systems, and Product Manager, Standard Army Retail Supply System.
6. On 28 August 1998 the State of New York, Division of Military and Naval Affairs, notified the applicant that he had been awarded the New York State Conspicuous Service Cross. The accompanying certificate shows that the Governor of New York conferred the award upon the applicant.
7. Army Regulation 635-5 provides for the preparation of the DD Form 214 and states that the DD Form 214 is a summary of a soldier's most recent period of continuous active duty. It states that all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be listed.
8. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards. It states in pertinent part, that decorations are awarded primarily to military personnel for services performed while in active Federal military service. It lists the decorations authorized and the order of precedence. Awards by state authorities are not listed.
CONCLUSIONS:
1. The Legion of Merit was awarded to the applicant for his meritorious service while on active duty. That award should be reflected on his DD Form 214.
2. Only those awards listed in Army Regulation 600-8-22 are authorized to be listed on the DD Form 214. As with all state awards, the New York State Conspicuous Service Cross is not a decoration listed in the regulation, and consequently, not authorized for inclusion on the DD Form 214.
3. In view of the foregoing, the applicant’s records should be corrected 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 Legion of Merit.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__MHM__ __WDP _ __FCJ___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Melvin H. Meyer______
CHAIRPERSON
| CASE ID | AR2003086991 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20031021 |
| 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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