RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  
	DOCKET NUMBER:  AR20070017917 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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, in effect, that his military records be corrected to show the award of the Defense Superior Service Medal.

2.  The applicant essentially states that he recently discovered the omission of the Defense Superior Service Medal from his official record, which was presented to him for service from October 1993 to September 1996 at the United States Atlantic Command upon his retirement from active service and subsequently was not entered into his military records.  He also states, in effect, that he was assigned to the United States Atlantic Command as the Deputy Commander in Chief, Reserve Affairs during the period covered by his award of the Defense Superior Service Medal, and that permanent orders from the Joint Staff authorized this award to him.

3.  The applicant provides orders awarding him the Defense Superior Service Medal and orders separating him from the Army National Guard on 
30 September 1996 in support of this application.  

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he was honorably released from the North Carolina Army National Guard on 30 September 1996 after culminating a military career spanning over 32 years, which included early service in the Regular Army, and his attainment of the rank of major general.  The NGB Form 22 (Report of Separation and Record of Service) that was issued to him at the time of his release from the North Carolina Army National Guard essentially shows that, not including state awards, he was awarded the Legion of Merit, the Bronze Star Medal with "V" (for Valor) Device and First Oak Leaf Cluster, the Meritorious Service Medal, the Army Commendation Medal with First Oak Leaf Cluster, the Army Reserve Components Achievement Medal with Silver Oak Leaf Cluster, the National Defense Service Medal with One Bronze Service Star, the Vietnam Service Medal with Four Bronze Service Stars, the Republic of Vietnam Campaign Medal with 1960 Device, the Humanitarian Service Medal with One Bronze Service Star, the Armed Forces Reserve Medal with Gold Hourglass Device [to denote a third award], the Army Service Ribbon, the Overseas Service Ribbon, the Army Reserve Components Overseas Training Ribbon with Numeral "6" Device, the Combat Infantryman Badge, the Ranger Tab, the basic Parachutist Badge, the Expert Infantryman Badge, the Republic of Vietnam Gallantry Cross with Silver Star, Bronze Star, and Palm Unit Citation, and the U.S. Army Excellence in Competition Pistol Shot Badge, 

3.  The applicant's military records do not show that he was awarded the Defense Superior Service Medal.  However, the applicant provided Joint Staff Permanent Order J-1SO-0299-96, dated 27 September 1996, which awarded him the Defense Superior Service Medal for the period October 1993 to September 1996.  
4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his NGB Form 22.

5.  The applicant's NGB Form 22 does not show that he was awarded the Distinguished Service Medal.  However, his military records contained United States Total Army Personnel Command, Alexandria, Virginia Permanent Orders Number 10-1, dated 26 January 1993, which awarded him the Distinguished Service Medal for the period February 1983 through January 1993.

6.  The applicant's NGB Form 22 essentially shows that he was awarded the Army Commendation Medal with First Oak Leaf Cluster.  However, orders in his military records clearly show that he was awarded the Army Commendation Medal with "V" Device and First Oak Leaf Cluster.

7.  The applicant's NGB Form 22 does not show that he was awarded the Joint Meritorious Unit Award.  However, his military records contained Joint Staff Permanent Order Number J-1SO-0335-94, dated 31 October 1994, which shows that the Joint Meritorious Unit Award was awarded to the United States Atlantic Command for the period 1 July 1992 to 31 October 1994.  It should be noted that the applicant was assigned as the Deputy Commander in Chief, Reserve Affairs with the United States Atlantic Command in October 1993.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Defense Superior Service Medal.

2.  Permanent orders awarded the applicant the Defense Superior Service Medal for the period October 1993 to September 1996.  Therefore, it would be appropriate at this time to correct his military records to show the award of the Defense Superior Service Medal.

3.  Permanent orders also awarded the applicant the Distinguished Service Medal, but this award is not listed on his NGB Form 22.  Therefore, he is entitled to correction of his military records to show the award of the Distinguished Service Medal.

4.  While the applicant's NGB Form 22 essentially shows that he was awarded the Army Commendation Medal with First Oak Leaf Cluster, general orders actually awarded him the Army Commendation Medal with First Oak Leaf Cluster with "V" Device and First Oak Leaf Cluster.  Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal with "V" Device and First Oak Leaf Cluster.

5.  Permanent orders awarded the Joint Meritorious Unit Award to the United States Atlantic Command while the applicant was serving as the Deputy Commander in Chief, Reserve Affairs of this command.  Therefore, he is entitled to correction of his military records to show the award of the Joint Meritorious Unit Award.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  showing the award of the Distinguished Service Medal, the Defense Superior Service Medal, and the Joint Meritorious Unit Award; and

	b.  changing the Army Commendation Medal entry on his NGB Form 22 to show the award of the Army Commendation Medal with "V" Device and First Oak Leaf Cluster.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his illustrious career, including his service in the Republic of Vietnam.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        XXX                ___
                CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


ABCMR Record of Proceedings (cont)                                         AR20070017917



5


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508