IN THE CASE OF:	 

	BOARD DATE:	  23 December 2008

	DOCKET NUMBER:  AR20080017470


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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show an award of the Legion of Merit, a third award of the Meritorious Service Medal, the Army Commendation Medal, and the Armed Forces Expeditionary Medal.           

2.  The applicant states that he was presented these awards after his retirement but they have not been added to his DD Form 214.

3.  The applicant provides copies of his DD Form 214; certificate and orders for award of the Legion of Merit; certificate showing award of the Meritorious Service Medal for the period from 1 September 1991 to 30 April 1998; orders awarding him the Meritorious Service Medal for the periods from 13 December 1981 to 
13 December 1983 and from 18 June 1984 to 1 June 1988; and a certificate and orders awarding him the Army Commendation Medal for the period from 
1 January 1995 to 1 March 1998.

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 served in the Regular Army during the period from 11 July 1978 to 30 April 1998.  He attained the rank of lieutenant colonel and had completed 20 years and 12 days of creditable active duty service.

3.  The applicant’s Officer Evaluation Reports (OERs) from 2 June 1996 through 5 November 1996 and from 6 November 1996 through 2 February 1997 show that he served as a member of the Implementation Force, North Atlantic Treaty Organization (NATO) in Bosnia-Herzegovina in support of Operations Joint Endeavor and Joint Guard.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list his awards as the NATO Medal, Armed Forces Service Medal, Defense Meritorious Service Medal, Meritorious Service Medal (two awards), National Defense Service Medal, Overseas Service Ribbon, and the Expert Field Medical Badge.  It does not show award of the Legion of Merit, a third Meritorious Service Medal, or the Armed Forces Expeditionary Medal.

5.  Permanent Orders Number 138-50, Army Medical Command, Fort Sam Houston, Texas, dated 18 May 1998, awarded the applicant the Legion of Merit for the period from 1 September 1991 to 30 April 1998.  The accompanying certificate states that this award was for his exceptionally meritorious conduct in the performance of outstanding service in various positions of great responsibility culminating as Detachment Commander for Occupational Toxicology, Wright- Patterson Air Force Base, Ohio.

6.  A certificate for award of the Meritorious Service Medal was issued on 
26 March 1998 by the Commander, United States Army Medical Research and Material Command, Fort Detrick, Maryland.  It shows that the award was for his outstanding meritorious service while serving in successive positions of increasing responsibilities culminating as Commander, United States Army 

Medical Research Detachment, Wright-Patterson Air Force Base, Ohio, during the period from 1 September 1991 to 30 April 1998.

7.  Permanent Orders Number 6-2, Walter Reed Army Institute of Research, dated 25 March 1998, awarded the applicant the Army Commendation Medal for his meritorious service during the period from 1 January 1995 to 1 March 1998.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met. 

9.  The Secretary of Defense approved, as a one-time exception to Department of Defense and service policies, award of both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal to participants of Operations Joint Endeavor and Joint Guard during the period from 20 November 1995 through 
19 December 1996.

10.  Army Regulation 600-8-22 provides, in pertinent part, that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  This regulation further provides that an interim award of a lesser decoration may be made to ensure that a deserving act, achievement, or service receives recognition.  The appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award.  When a higher award is approved, the approving authority will revoke the interim award. 


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not show award of a Legion of Merit, a third Meritorious Service Medal, an Army Commendation Medal, or an Armed Forces Expeditionary Medal. 

2.  Permanent orders show that the applicant was awarded the Legion of Merit for meritorious service during the period from 1 September 1991 to 30 April 1998. Therefore, this award should be shown on his DD Form 214.

3.  The certificate showing award of the Meritorious Service Medal for meritorious service from 1 September 1991 to 30 April 1998, appears to have been an interim award and as such is duplicitous with the award of the Legion of Merit.  Therefore, this award should not be shown on his DD Form 214.  

4.  Permanent orders show that the applicant was awarded the Army Commendation Medal for meritorious service during the period from 
1 January 1995 to 1 March 1998.  Therefore, this award should be shown on his DD Form 214.

5.  Records show that the applicant served during a qualifying period for award of the Armed Forces Expeditionary Medal.  Therefore, this award should be shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  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 all Department of the Army records of the individual concerned be corrected by showing in addition to the awards already shown on his DD Form 214, that his awards include the Legion of Merit, Army Commendation Medal, and the Armed Forces Expeditionary 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 award of a third Meritorious Service Medal.  




__________ 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.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080017470



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