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ARMY | BCMR | CY2009 | 20090010254
Original file (20090010254.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    18 February 2010

		DOCKET NUMBER:  AR20090010254 


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, reconsideration of his previous request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the U.S. Department of State Award for Heroism and the U.S. Department of State Meritorious Honor Award.

2.  The applicant states, in effect, he requests reconsideration of his application to add two non-military awards to his DD Form 214.  He also states that Army Regulation 635-5 (Separation Documents) should have been used to determine if a non-military award is authorized to be shown on the DD Form 214.  

3.  The applicant submitted a four page self-authored statement and a copy of a picture of General D____ H. P______ in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records, which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080005594, dated 5 June 2008.

2.  The applicant provided a copy of a picture of General D____ H. P_______ in a Class A uniform with his State Department Superior Honor Medal and Department of State Secretary's Distinguished Service Award circled as new evidence which merits consideration by the Board.
3.  The applicant served in the U.S. Marine Corps from 1 November 1994 until he was honorably released on 27 January 2001.  He was awarded the U.S. Department of State Award for Heroism in November 1997 and the U.S. Department of State Meritorious Honor Award in November 1998.

4.  The applicant's DD Form 214 issued on 3 July 2005 shows he was ordered to active duty in support of Operation Iraqi Freedom on 23 April 2004 and he served until he was released and transferred to the U.S. Army Reserve.

5.  Army Regulation 635-5, paragraph 2-4(13), states to list all decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier’s records. 

6.  Army Regulation 600-8-22 (Military Awards), paragraph 1-41 states that the order and precedence for awards and decorations when worn are as follows:

   a.  Decorations, the Good Conduct Medal, service medals, and service ribbons are ranked in the following order of precedence when worn or displayed:
      
   (1) U.S. military decorations.
   (2) U.S. nonmilitary decorations.
   (3) Prisoner of War Medal.
   (4) Good Conduct Medal.
   (5) U.S. Army Reserve Components Achievement Medal.
   (6) U.S. service medals and service ribbons.
   (7) U.S. Merchant Marine decorations.
   (8) Foreign decorations (excluding service medals and ribbons).
   (9) Non-U.S. service medals and ribbons.
      
   b.  The order of precedence for wear within the various classes of medals
and service ribbons is stated in Army Regulation 670–1 (Wear and Appearance of Army Uniforms and Insignia), paragraph 29–6c.  This chapter explains the Department of Defense (DOD) policies and procedures and states that U.S. non-military decorations authorized for wear on Army uniforms are listed in their order of precedence.  Other U.S. non-military decorations that were issued by Federal agencies will be worn based upon their date of receipt.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the U.S. Department of State Award for Heroism and U.S. Department of State Meritorious Honor Award, which are U.S. non-military awards, during his period of active duty service.  Evidence of record also shows that General P_______ was also authorized two U.S. Department of the State awards.  Army Regulation
600-8-22 lists the order of precedence of awards and decorations including U.S. non-military decorations which are worn immediately following U.S. military decorations.  

2.  Army Regulation 635-5 states that all decorations, medals, badge citations, and campaign ribbons awarded or authorized for all periods of service are shown in the priority sequence specified in Army Regulation 600-8-22, paragraph 1-41.  Therefore, the applicant's record should be corrected to show award of the U.S. Department of State Award for Heroism and U.S. Department of State Meritorious Honor Award.

BOARD VOTE:

____X___  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20080005594, dated 
5 June 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the U.S. Department of State Award for Heroism and U.S. Department of State Meritorious Honor Award to item 13 of his DD Form 214.



      _______ _  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)                                         AR20090010254



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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