RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003009


      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. Thomas Howard                 |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 award of the Legion of Merit, Meritorious
Service Medal, Global War on Terrorism Medal, Army Reserve Components
Achievement Medal, and Army Good Conduct Medal (7th award).

2.  The applicant states the awards were unjustly withheld, downgraded, or
erroneously excluded.  A review of his records will justify the awards.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), a copy of his separation orders, a
copy of his personnel qualification record, copies of Noncommissioned
Officer Evaluation Reports, copies of recommendations for awards, a copy of
a certificate showing award of the Meritorious Service Medal, an order
showing award of the Army Good Conduct Medal (7th award), a memorandum
commenting on the lateness of the applicant’s retirement award, a copy of a
draft of the Legion of Merit narrative and a copy of a draft of the Legion
of Merit proposed citation, a copy of a 23 September 2003 personnel
qualification record, a copy of a DA Form 3881 (Rights Warning
Procedure/Waiver Certificate), a copy of a Human Resources Command message
regarding the Global War on Terrorism Expeditionary Medal and the Global
War on Terrorism Service Medal, and a copy of an extract from Army
Regulation 600-8-22 (Military Awards), which pertains to award of the Army
Reserve Components Achievement Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty from December 1967 to July 1969 and
was discharged in the rank of E-4 with an honorable characterization of
service.  His service included a tour of duty in Vietnam.

2.  On 29 April 1983 the applicant enlisted in the Army Reserve for one
year.  He reenlisted on 7 February 1985 and continued his service in the
Army Reserve until his retirement in 2004 with more than 20 years of active
service.

3.  The applicant’s Noncommissioned Officer Evaluation Report (NCOER) for
the period January 1985 to August 1985 shows that he was an NBC NCO with a
military intelligence battalion in Chicago.  His NCOER for the period
September 1985 to August 1986 shows that he was a supply sergeant with the
86th Army Reserve Command at Fort Sheridan, Illinois.

4.  In July 1987 the applicant completed a retention advanced course at a
recruiting and retention school.  His service thereafter was in an AGR
(Active Guard Reserve) status and for the most part in the
recruiting/retention field.  Advancement in grade resulted in increased
responsibilities, e.g., Army Reserve Liaison NCO; senior retention and
transition NCO, area manager; and command retention and transition sergeant
major.  On 20 June 2003 he completed the sergeants major course at Fort
Bliss, Texas.

5.  The applicant’s evaluation reports throughout his military career have
been excellent, with his rating officials for the most part giving him high
ratings, e.g., among the best in overall potential for promotion and in
service in positions of greater responsibility, by his rater; and in the
top block for performance and potential by his senior rater.  His report
for the rating period September 2001 to March 2002 while serving in the
grade of sergeant major as the senior retention and transition NCO, area
manger, for the 81st Regional Support Command, shows that his rater
considered him fully capable in overall potential for promotion.  His
senior rater, placed him in the second from the top block for performance
and potential.  His ratings for the report for the next rating period,
April 2002 to June 2002 show that his rating officials considered him a top
block NCO.  The next rating period, July 2002 to December 2002 again show
that his rater considered him a fully capable NCO, with his senior rater
placing him in the second from the top block for performance and potential.


6.  The applicant’s DD Form 214 shows that he received numerous awards,
e.g., four awards of the Army Commendation Medal, five awards of the Army
Achievement Medal, six awards of the Army Good Conduct Medal, Gold
Recruiter Badge, with three Sapphire Achievement Stars, etc.  It also shows
four awards of the Meritorious Service Medal.

7.  The applicant was awarded the Meritorious Service Medal on 14 August
1995 for the period 6 January 1992 to 30 July 1995; on 16 June 1997 for the
period      5 October 1995 to 15 June 1997; on 21 June 2001 for the period
28 July 1997 to 7 August 2001; and for the period 6 August 2001 to 22
August 2002.

8.  On 28 August 2003 the applicant’s supervisor, the senior readiness
advisor at the 99th Regional Readiness Command, recommended that the
applicant be awarded the Meritorious Service Medal for achievement for the
period 15 July 2002 to 14 July 2003.  An internal staffing document,
submitted to the approval authority, the Commanding General of the 99th
Regional Readiness Command, shows that the applicant’s name was deleted
(lined through) on a recommended list for award of the Meritorious Service
Medal, with the remarks, “Disapp,” and “Extremely weak ___,” and “not
appropriate, based on investigation and subsequent retirement.”  In effect,
the recommendation was disapproved.

9.  On 6 November 2003 orders were published by the Human Resources Command
in St. Louis awarding the applicant the 7th award of the Army Good Conduct
Medal for the period 1 October 2000 to 30 September 2003.

10.  On 10 February 2004 the applicant’s supervisor, the assistant senior
intelligence officer at the 99th Regional Readiness Command, recommended
that the applicant be awarded the Legion of Merit for his over four decades
of military service.  Included with his recommendation was a narrative
describing the applicant’s accomplishments and a proposed citation.  The
Commanding General, 99th Regional Readiness Command disapproved the
recommendation for award of the Legion of Merit, instead on 11 September
2004, approved an award of the Meritorious Service Medal.  The applicant
was awarded the Meritorious Service Medal for the period 1 March 1994 to 1
March 2004.

11.  The applicant retired on 29 February 2004 with over 20 years of active
service and over 6 years of inactive service.  His DD Form 214 shows that
from the date that he entered on active duty on 30 September 1985 until his
retirement date, he had 18 years, 5 months, and 1 day of service.  He had 2
years, 1 month, and 8 days of prior service, and 6 years, 3 months, and 23
days of total prior inactive service.

12.  The Legion of Merit is awarded to any member of the Armed Forces of
the United States who has distinguished himself by exceptionally
meritorious conduct in the performance of outstanding services and
achievements.  The performance must have been such as to merit recognition
of key individuals for service rendered in a clearly exceptional manner.
Performance of duties normal to the grade, branch, specialty, or
assignment, and experience of an individual is not an adequate basis for
this award.  For service not related to actual war, the term “key
individuals” applies to a narrower range of positions than in time of war
and requires evidence of significant achievement.  In peacetime, service
should be in the nature of a special requirement or of an extremely
difficulty duty performed in an unprecedented and clearly exceptional
manner.  However, justification of the award may accrue by virtue of
exceptionally meritorious service in a succession of important positions.

13.  The Meritorious Service Medal is awarded to any member of the Army
who, while serving in a noncombat area after 16 January 1969, has
distinguished himself by outstanding meritorious achievement or service.

14.  The Global War on Terrorism Service Medal and the Global War on
Terrorism Expeditionary Medal are awarded to recognize all members of the
United States serving in or in support of global war on terrorism
operations on or after 11 September 2001 to a date to be determined.  The
Global War on Terrorism Expeditionary Medal is authorized to be awarded to
Soldiers who deploy aboard for service in the global war on terrorism
operations on or after     11 September 2001 to a date to be determined.
The Global War on Terrorism Service Medal is authorized to be awarded to
all Soldiers on active duty on or after 11 September 2001 to a date to be
determined having served for                30 consecutive days or 60
nonconsecutive days.

15.  The Army Reserve Components Achievement Medal is awarded for exemplary
behavior, efficiency, and fidelity while serviing as a member of an Army
National Guard or Army Reserve troop program unit or as an individual
mobilization augmentee.  It is authorized for award to Army personnel
including AGR (Active Guard Reserve) officers in the rank of colonel and
below.  Individual must have been a member of an Army National Guard unit
or Army Reserve troop program unit, excluding Soldiers in an AGR status.
Since 3 March 1972 the medal has been authorized on completion of four
years’ service with a Reserve Component unit.  Individuals must have
completed four years of qualifying service on or after 3 March 1972.
Beginning on 29 March 1995 qualifying service for award of the medal is
reduced from four to three years.  Service while in an enlisted AGR status
may not be credited for award of the Army Reserve Components Achievement
Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service throughout his military career has been
exemplary, as evidenced by his excellent Noncommissioned Officer Evaluation
Reports, the numerous awards that he has received, and his advancement to
the rank of sergeant major.

2.  Nonetheless, he has provided no evidence or good argument for the Board
to override the decision of the Commanding General, 99th Regional Readiness
Command, in disapproving the recommendation to award him the Meritorious
Service Medal for the period 15 July 2002 to 14 July 2003, or in
disapproving the recommendation for award of the Legion of Merit, and
instead awarding him the Meritorious Service Medal for the period 1 March
1994 to 1 March 2004.  The Board is reluctant to question the judgment of
the authority who was in the best position to act in these situations.
There is no injustice done to the applicant.     Consequently, the
applicant’s request for award of the Meritorious Service Medal for the
above-mentioned period, and his request for award of the Legion of Merit is
not warranted.

3.  Noted however, is the fact that the applicant’s award of the
Meritorious Service Medal for the period 1 March 1994 to 1 March 2004 is
not reflected on his DD Form 214.  Thus, his DD Form 214 should be
corrected to show award of the Meritorious Service Medal (5th award).

4.  The applicant met the criteria for award of the Global War on Terrorism
Service Medal.  He is entitled to that award.

5.  The evidence shows that the applicant enlisted in the Army Reserve on
      29 April 1983, and that he served in a troop program unit from
January 1985 to his entry on active duty on 30 September 1985.  There is no
evidence, however, and the applicant has not provided any, to show that he
met the criteria for award of the Army Reserve Components Achievement Medal
- four years of qualifying service in a troop program unit.  He is not
entitled to that award.

6.  The applicant was awarded the Army Good Conduct Medal (7th award), and
it should be reflected on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___TH __  __JI  ____  __CD  __  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.  As a result, the Board
recommends that the applicant’s 29 February 2004 DD Form 214 be corrected
by showing award of the Meritorious Service Medal (5th award), the Global
War on Terrorism Service Medal, and the Army Good Conduct medal (7th
award).

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
award of the Legion of Merit, award of the Meritorious Service Medal for
the period 15 July 2002 to 14 July 2003, and award of the Army Reserve
Components Achievement Medal.




                                  _____Thomas Howard______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003009                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051103                                |
|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.                      |                                        |


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