BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090017065 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal.

2.  The applicant states he received an interim award of the Army Commendation Medal prior to his discharge.  The award was then revoked when the Meritorious Service Medal award recommendation was approved; however, this was after he was discharged.

3.  The applicant provides a copy of a DA Form 638-1 (Recommendation for Award) and DA Form 4980-12 (Meritorious Service Medal) certificate.

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.  Records show the applicant enlisted in the Regular Army (RA) on
10 November 1987 and he was honorably retired from active duty based on physical disability (temporary) on 29 November 1989.  At the time he had completed 2 years and 20 days of net active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 November 1989 shows the Army Service Ribbon, Army Good Conduct Medal, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with (M-16) Rifle and (.45 caliber) Pistol Bars, Expert Marksmanship Qualification Badge with Grenade Bar, and the Driver and Mechanic Badge with Driver "W" Bar.

3.  Records show the applicant enlisted in the RA on 27 January 1992, he was honorably released from active duty based on completion of required active service on 26 January 1995, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 3 years of net active service.  Item 13 of his DD Form 214 for the period ending 26 January 1995 shows the Army Commendation Medal, Army Achievement Medal (1st Oak Leaf Cluster), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with (M-16) Rifle and Grenade Bars, Marksmanship Qualification Badge with (.45 caliber) Pistol Bar, and the Driver and Mechanic Badge with Driver "W" Bar.

4.  In support of his application, the applicant provides the following documents.

	a.  DA Form 638-1, dated 28 December 1994, that shows:

   (1)  the applicant was recommended for award of the Meritorious Service
Medal based on meritorious service from 27 June 1992 to 27 January 1995;

   (2)  an interim award of the Army Commendation Medal was approved
based on meritorious service and announced per Headquarters, U.S. Army, Fort Dix, NJ, Permanent Order Number 124-2, dated 9 December 1994;

		(3)  on 21 February 1995, the Commanding General, U.S. Army Forces Command, Fort McPherson, GA, approved award of the Meritorious Service Medal based on meritorious service; and

   (4)  the award was announced per Headquarters, U.S. Army Forces
Command, Fort McPherson, Permanent Order Number 52-13, dated 21 February 1995.

	b.  An award certificate that shows the applicant was awarded the Meritorious Service Medal based on meritorious service from 27 June 1992 to 27 January 1995 per Headquarters, U.S. Army Forces Command, Fort McPherson, Permanent Order Number 52-13, dated 21 February 1995.

5.  There are no orders in the applicant's military personnel records revoking the interim award of the Army Commendation Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states, in pertinent part, that:

   a.  interim awards and awards of a lesser decoration are authorized 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 using a separate permanent order in accordance with Army Regulation 600-8-105 (Military Orders).  The decoration will be returned by the recipient. 

   b.  the Meritorious Service Medal is a higher award, in order of precedence, than the Army Commendation Medal.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the
DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

   b.  Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214.  Item 13 states to list awards and decorations 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.  Do not use abbreviations.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by deleting the Army Commendation Medal and adding the Meritorious Service Medal.

2.  On 9 December 1994, permanent orders announced an interim award of the Army Commendation Medal based on the applicant's meritorious service from
27 June 1992 to 27 January 1995.  The award was presented to the applicant prior to his release from active duty.

3.  On 21 February 1995, permanent orders announced award of the Meritorious Service Medal based on the applicant's meritorious service from 27 June 1992 to 27 January 1995.  The award was announced subsequent to the applicant's release from active duty.

4.  An interim award of a lesser decoration is awarded to ensure that a deserving act, achievement or service receives recognition pending final action on a recommendation for a higher award.  When a higher award is approved, the interim award is revoked using a separate permanent order.

5.  In view of the foregoing, the applicant's records should be corrected to show the interim award of the Army Commendation Medal was revoked and that he was awarded the Meritorious Service Medal.

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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  revoking Headquarters, U.S. Army, Fort Dix, NJ, Permanent Order Number 124-2, dated 9 December 1994, that announced the interim award of the Army Commendation Medal;
   b.  deleting from item 13 of his DD Form 214 for the period ending 26 January 1995 the Army Commendation Medal; and

   c.  adding to item 13 of his DD Form 214 for the period ending 
   26 January 1995 the 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)                                         AR20090017065



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ABCMR Record of Proceedings (cont)                                         AR20090017065



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