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ARMY | BCMR | CY2008 | 20080007092
Original file (20080007092.txt) Auto-classification: Denied

	IN THE CASE OF:	  

	BOARD DATE:	  24 JUNE 2008

	DOCKET NUMBER:  AR20080007092 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her records be corrected to reflect she was awarded the Joint Service Commendation Medal for her retirement award, which covers 20 years of service to the U.S. Army and not just for the 1 year that she served with the Special United States Liaison Activity, Korea (SUSLAK) and 501st Military Intelligence Brigade.

2.  The applicant states, in effect, that she would like to have the period of service for the award of the Joint Service Commendation Medal corrected, because she faithfully served her country for 20 years and not for 1 year as the award citation states.

3.  The applicant provides a copy of her separation document (DD Form  
214), Certificate of Award for the Joint Service Commendation Medal with Citation from the National Security Agency, NSA/CSS General Orders Number  
D7-022-05, dated 27 April 2005; and a personal statement dated 28 February 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows she enlisted in the Regular Army on 6 March 1985.  She completed the necessary training and was awarded military occupational specialty (MOS) 25D (Telecommunications Systems Operator).

2.  She served continuously until she achieved the rank of staff sergeant.  She was honorably retired from active duty on 31 July 2005 and placed on the retired list on 1 August 2005.  She completed a total of 20 years, 4 months, and 25 days of Net Active Service This Period.

3.  The Certificate for Award of the Joint service Commendation Medal with Citation and General Orders show she was given the award for meritorious service for the period April 2004 to August 2005, while serving as the Communications Security Custodian for the SUSLAK.  It appears that the applicant departed her command on transitional leave before her retirement award was approved by the 501st Military Intelligence Brigade.

4.  The applicant's Official Military Personnel File (OMPF), contains a Certificate issued by the 501st Military Intelligence Brigade; Permanent Orders Number 290-01, dated 17 October 2006, which shows the Army Commendation Medal was awarded to the applicant for exceptionally meritorious performance of duty in a wide variety of key leadership and instructor positions culminating in her duties as a Communication Security supervisor within the 501st Military Intelligence Brigade, United States Army Intelligence and Security Command (INSCOM), Korea.  The award was given for the period of 31 July 1995 to 31 July 2006 covering a span of 11 years.

5.  The personal statement the applicant submitted explains why she believes the Joint Service Commendation Medal should have been written for her retirement award covering more than 1 year.

6.  Army Regulation 600-8-22 (Military Awards), states in pertinent part, that the period of award for meritorious service is limited to the service during which the Soldier served under the recommending command, except in the case of retirement awards.  Meritorious service is characterized by distinguished service and performance above that normally expected, over a sustained period.

7.  Army Regulation 600-8-22, further states, in pertinent part, that each Soldier approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance.  Meritorious service awards may be awarded, upon retirement, which may include periods of service longer than that served in the recommending command.  It is recommended that such periods be limited to the last 10 years of service.  This is not to imply that an extended period of service should be considered for every Soldier who retires.

8.  Army Regulation 600-8-22, states, in pertinent part, that the Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963 and implemented by DOD 1348.33-M.  The award is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 1 January 1963, distinguished themselves by meritorious achievement or service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her Joint Service Commendation Medal should have been awarded to her as a retirement award for her 20 years of service in the U.S. Army and not just for the 1 year that she served with the SUSLAK and 501st Military Intelligence Brigade.

2.  The evidence shows the applicant was given the Joint Service Commendation Medal award for distinguishing herself by meritorious service from April 2004 to August 2005, while serving as the Communication Security Custodian for the SUSLAK.

3.  Subsequently, she was awarded the Army Commendation Medal by the  
501st Military Intelligence Brigade for exceptionally meritorious performance of duty in a wide variety of positions for the period of 31 July 1995 to 31 July  
2006 covering a span of 11 years, this would signify recognition for her 20 years of service upon retirement.  As such, the applicant has failed to establish a basis for granting relief in this case.

4.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X_____  ____X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of her service in arms.




       _    __X_____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

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