Search Decisions

Decision Text

ARMY | BCMR | CY2004 | 04103826C070208
Original file (04103826C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         09 NOVEMBER 2004
      DOCKET NUMBER:  AR2004103826


      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. Mark Manning                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 1997 separation document be corrected
to reflect award of the Meritorious Service Medal and the Conspicuous
Service Medal given by the state of New York.

2.  The applicant states the awards were received after his separation
document was prepared.

3.  The applicant provides a copy of his Meritorious Service Medal award
and a copy of the New York State Conspicuous Service Medal award.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 March 1997.  The application submitted in this case is
dated
4 January 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant was
honorably discharged on 31 March 1997 and placed on the retired roles the
following day under a voluntary early retirement program.  At the time of
his early retirement he had accumulated approximately 18 years of active
Federal service.

4.  On 15 September 1997 the applicant was awarded a Meritorious Service
Medal in recognition of his meritorious service during the last 10 years of
his military service.  The award was confirmed in orders issued at Fort
Carson, Colorado.  Because the award was approved after the applicant’s
retirement, it was not recorded on his separation document.

5.  In 1999, more than 2 years after his retirement, the Governor of New
York awarded him the New York State Conspicuous Service Cross.  It was
awarded in recognition of his conspicuous service to the people of New
York.

6.  Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the Department of Defense Form 214 (Certificate of Release
or Discharge from Active Duty).  In pertinent part, it states that the
separation report captures information which occurred during the period of
service covered by the separation document.  Additionally, it notes that
state or civilian awards, citations, or honors are not recorded on the
separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Meritorious Service
Medal.  His records should be corrected accordingly.

2.  Although the applicant may have been recognized by the Governor of New
York that recognition would not have been recorded in his military records
not only because it was not awarded during his period of military service
but primarily because it was a state honor and as such not authorized for
entry on the separation document.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  ___LS __  ___LH___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that he was
awarded the Meritorious Service Medal.



2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the New York State Conspicuous Service Cross.




                            ______Mark Manning_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004103826                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041109                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003086991C070212

    Original file (2003086991C070212.rtf) Auto-classification: Approved

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

  • ARMY | BCMR | CY2006 | 20060015974

    Original file (20060015974.txt) Auto-classification: Denied

    The applicant's military service records contain a DD Form 214, with an effective date of 9 June 1959. There is no evidence showing that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Thus, the evidence of record shows that the applicant's overall quality of service during the period of service under review was not sufficiently meritorious to warrant an honorable discharge, which is a discharge that is...

  • ARMY | BCMR | CY2014 | 20140006073

    Original file (20140006073.txt) Auto-classification: Denied

    He stated the Army Decorations Board reviewed the applicant's Distinguished Service Cross award documents in 2001, along with the new materials that were provided, and determined the degree of action and service rendered did not meet the extraordinary heroism required for the proposed award of the Medal of Honor. On or about 18 March 2014, the applicant learned that the President of the United States awarded 24 Army veterans the Medal of Honor based on section 522 of the FY02 NDAA that...

  • ARMY | BCMR | CY2013 | 20130012486

    Original file (20130012486.txt) Auto-classification: Denied

    JFHQ - NY, NYARNG, Latham, NY, Orders 130-0002, dated 10 May 2013, announced the applicant's retirement from active duty effective 30 June 2013 and placement on the retired list in the rank of LTC (O-5) effective 1 July 2013. The applicant and his counsel contend that the applicant's records should be corrected to show he was involuntarily retired in the rank of COL (O-6) because he was not fully informed by NYARNG senior leadership or SMEs of the issues related to his redeployment that...

  • ARMY | BCMR | CY2001 | 2001058530C070421

    Original file (2001058530C070421.rtf) Auto-classification: Approved

    Records also show the applicant provided a written request to the Secretary of the Army in 1991 for award of the Bronze Star Medal based on his Certificate of Merit. In support of his claim for award of the Bronze Star Medal, the applicant provided a copy of another soldier’s Letter Orders, dated 5 February 1948, wherein this soldier was awarded the Bronze Star Medal, based on a Certificate of Merit, for exemplary conduct in ground combat against the armed enemy during the period 15 January...

  • ARMY | BCMR | CY2015 | 20150006700

    Original file (20150006700.txt) Auto-classification: Denied

    Upon learning about the FSM's distinguished military service and his actions on 24 January 1945, he came to the conclusion that the FSM's award of the Distinguished Service Cross should be upgraded to a Medal of Honor. d. General orders were issued by Headquarters, 7th Army, on 10 February 1945, awarding the FSM the Distinguished Service Cross for his heroic acts on 24 January 1945. e. Thus, the evidence of record shows the award recommendation was properly processed through command...

  • ARMY | BCMR | CY2001 | 2001058386C070421

    Original file (2001058386C070421.rtf) Auto-classification: Approved

    There is no evidence in the available records which shows the applicant was recommended for or awarded any award of the Bronze Star Medal. There is no evidence of record available to the Board which shows the applicant was recommended for or awarded any award of the Bronze Star Medal. However, there is no evidence of record available to the Board which shows the applicant received orders or a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941...

  • ARMY | BCMR | CY2012 | 20120000856

    Original file (20120000856.txt) Auto-classification: Denied

    The applicant requests an upgrade of his award of the Silver Star to the Medal of Honor with the support of Members of Congress. The applicant provides the following documentary evidence in support of his application: a. a reconstructed DA Form 638 (Recommendation for Award), dated 5 September 2003; b. two third-party statements, dated 27 May 2001 and 18 February 2002, respectively, rendered by comrades in arms; c. a letter of support, dated 5 December 2011, rendered by the Director, Bureau...

  • ARMY | BCMR | CY2003 | 03091951C070212

    Original file (03091951C070212.rtf) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. The evidence clearly shows that the applicant was recommended for award of the Bronze Star Medal and that recommendation was apparently approved; however, the period shown on that recommendation is for the same period as that on the second Certificate of Merit that he received. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.

  • ARMY | BCMR | CY2002 | 2002076053C070215

    Original file (2002076053C070215.rtf) Auto-classification: Denied

    The applicant provides a 1 December 1996 memorandum from the Commander, 220th Military Police Company to the Colorado Adjutant General, Subject: Qualitative Retention Board Recommendation for Retention; a 31 January 1997 memorandum from the Colorado Adjutant General to the applicant informing him he had been nonselected for continued unit participation; the applicant's 8 February 1997 appeal of the nonselection; a letter of support to his appeal dated 8 February 1997 from the applicant's...