BOARD DATE:	  February 23, 2010

		DOCKET NUMBER:  AR20090014205


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, his Meritorious Service Medal (MSM) be upgraded to a Bronze Star Medal (BSM).

2.  The applicant states he received the MSM for service during the Persian Gulf War in 1991.  Army Regulation 600-8-22 (Military Awards) provides the MSM is awarded for meritorious service or achievement in a non-combat area; if cited for meritorious service or achievement in a combat area, the BSM is the appropriate award.

3.  The applicant provides:

	a.  a copy of page 41 of Army Regulation 600-8-22;

	b.  a copy of a 10 December 1991 memorandum from the applicant to the Commander, Army Reserve Personnel Center (now Army Human Resources Command), St. Louis, MO, requesting he be awarded the BSM in lieu of the MSM;

	c.  a copy of a 7 October 1991 memorandum from the Commander, 54th Signal Battalion, to the Commander, 6th Theater Signal Command, requesting award of the BSM to the applicant;

	d.  a copy of the front page of a DA Form 638 (Recommendation for Award) recommending the BSM be awarded to the applicant [the second page showing the approval authority's action is not provided];

	e.  a copy of a document entitled "Justification to Accompany the Awarding of the Bronze Star Medal";

	f.  a copy of an MSM Certificate for the period 1 July 1991 to 1 December 1991;

	g.  a copy of a U.S. Army Central Command, 22nd Support Command Certificate of Achievement signed by the Commander, Lieutenant General William G. P____; and

	h.  a copy of a letter of commendation, dated 4 October 1991, from the Deputy Commanding General, 22nd Support Command.

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 is a retired Regular Army sergeant major (E-9).  In 1991, he was a sergeant first class (E-7) serving in military occupational specialty 74Z (Information Systems Chief).  From on or about 1 July 1991 to on or about 1 December 1991, he served in Southwest Asia (SWA) with Headquarters and Headquarters Detachment, 54th Signal Battalion, in support of Operation Desert Storm.

3.  The applicant's DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for his service in SWA shows he performed duties as Defense Data Network Theater Manager responsible for the maintenance and operation of four Defense Data Network host computers, five gateways and four terminal services for the SWA theater.  His duties were primarily in Saudi Arabia.

4.  Upon his scheduled departure from SWA, the applicant was recommended for award of the BSM for meritorious service.  The award approval authority was Lieutenant General P____, Commander, 22nd Support Command.  The decision process for the applicant's award is not available; however, it is clear that he was awarded the MSM by Lieutenant General P____, and not the BSM.

5.  Army Regulation 600-8-22 provides that between 16 January 1969 and 11 September 2001, the MSM is authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  The BSM is authorized to be awarded for heroic or meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy.  This was essentially the same guidance in effect in 1991 when Army Regulation 672-5-1 (Military Awards) was the controlling regulation.

6.  A Military Personnel message, dated 041813Z September 1991, subject:  Termination of Wartime Awards Approval Authority, terminated Persian Gulf wartime awards effective 7 October 1991.  Wartime awards were only authorized during the period from 17 January 1991 to 7 October 1991.  Between the periods 2 August 1990 and 16 January 1991 and on or after 8 October 1991 peacetime awards were authorized.

7.  The official dates of the Persian Gulf War are 2 August 1990, the date of the Iraqi invasion of Kuwait, to 3 March 1991, the date Iraq accepted the cease-fire terms.

DISCUSSION AND CONCLUSIONS:

1.  The applicant believes he should have received the BSM for meritorious service in SWA instead of the MSM.  He argues that Army Regulation 600-8-22 mandated award of the BSM since the MSM was only awarded in non-combat areas.

2.  The evidence shows the applicant served in Southwest Asia (SWA) with Headquarters and Headquarters Detachment, 54th Signal Battalion, in support of Operation Desert Storm from on or about 1 July 1991 to on or about 1 December 1991.  He was serving in SWA well after the end of hostilities and he was serving in Saudi Arabia for the most part.

3.  The applicant was recommended for award of the BSM, but the approving authority acted on the recommendation after 7 October 1991 and obviously made a conscious decision to award the MSM, not the BSM.  Given the applicant's achievements in SWA, his dates of service, and the regulatory requirements in effect, that decision appears appropriate.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  _____x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ___________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)                                         AR20090014205



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014205



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1