IN THE CASE OF:	  

		BOARD DATE:	    16 March 2010

		DOCKET NUMBER:  AR20100008279 


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, correction of his records in accordance with the decision rendered by the Army Board for Correction of Military Records (ABCMR) on 5 August 2008.

2.  The applicant states that the ABCMR Record of Proceedings, dated 5 August 2008, granted full relief for correction of his records to show award of the Meritorious Service Medal.

   a.  As of 2 January 2009, the applicant had not received any notification that the necessary actions had been accomplished.

   b.  On 9 February 2009, the applicant notified the ABCMR he had received documents awarding him the Meritorious Service Medal; however, the documents contained errors.  The applicant also submitted letters to the ABCMR on 27 July 2009, 8 October 2009, and 22 February 2010, and reiterated with specificity his request for correction of the award documents.

   (1)  He states he received two copies (i.e., Member - 1 and Member - 4) of
a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 9 January 2009.  He also states the Member - 4 copy is different from the Member -1 copy only in that the "Corrected To Read" block contains an additional statement (i.e., Void Previously Issued DD Form 215 Dated 2004-09-23).


   (a)  He states the ABCMR Board Determination/Recommendation shows,
"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 awarding him the Meritorious Service Medal, using the proposed citation, and adding it to his latest [emphasis added] DD Form 214 by issuing him a DD Form 215."

   (b)  He adds that the DD Form 215 he was issued has the wrong date in 
block 5 (Original DD Form 214 is Corrected as Indicated Below) in that it shows the date "2002 07 01" (i.e., 1 July 2002), not the date of his latest DD Form 214, which was "2006 07 08" (i.e., 8 July 2006).

   (c)  He states his latest DD Form 214 should be corrected to show the 
Meritorious Service Medal and the DD Form 215 that corrected his 1 July 2002 DD Form 214 should be rescinded.

   (2)  He states that the DD Form 4980-12 (The Meritorious Service Medal 
Certificate) did not contain the proposed citation as part of the award, only a
1-line generic comment.

   (a)  The proposed citation that was submitted by the recommender of the 
award and approved by the ABCMR reads:

   "For outstanding meritorious service for the period 26 February 1988 to
10 June 1991 while assigned as the Army Ground Liaison Officer for the
108th Tactical Fighter Wing, New Jersey Air National Guard.  Lieutenant Colonel [Applicant's Name]'s noteworthy efforts and personal sacrifices contributed markedly to improving the Combat Readiness of the Wing.  His professionalism and superior achievements reflect great credit upon himself, the Wing, and the U.S. Army."

   (b)  He states a new DD Form 4980-12 should be issued containing the 
complete proposed citation.

   (3)  He states that Headquarters, Department of the Army, Review Boards 
Agency, Support Division, St. Louis, MO, Permanent Orders 026-01, dated
26 January 2009, and the DD Form 4980-12 that awarded him the Meritorious Service Medal show his rank as lieutenant colonel (LTC).

   
   
   
   (a)  He asks about the rank shown on these two documents.  Specifically, 
whether it should be his rank at the time the service was performed or his rank at the time the documents were published?

   (b)  He states if the award certificate and orders should show the rank of 
the individual at the time they were published, then he requests correction of the documents to show his rank as colonel.

   (c)  He also states the orders show his unit as the 108th Tactical Fighter 
Wing, New Jersey Army National Guard; however, his unit was the 108th Tactical Fighter Wing, New Jersey Air National Guard, and the unit should be corrected.

   c.  He states he should be provided copies of all DD Forms 215 and corrected documents that are issued as a result of this action.

   d.  He states that all corrections should be incorporated into his Official Military Personnel File (OMPF) and his records returned to the National Personnel Records Center (NPRC) for filing.

3.  The applicant provides, in support of his request, six letters to the Army Review Boards Agency (ARBA), dated 2 January, 9 February, 9 February,
27 July, 8 October 2009, and 22 February 2009 [2010].

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in consideration of the applicant's case by the ABCMR in Docket Number AR20070018694 on 5 August 2008.  The case granted the applicant relief and directed that his records be corrected to show award of the Meritorious Service Medal.

   a.  A DD Form 4980-12 shows the Meritorious Service Medal was awarded to  Lieutenant Colonel E___ C. Z________ , United States Army, for meritorious service from 26 February 1988 to 10 June 1991, per Headquarters, ARBA,
St. Louis, Permanent Order 026-01, dated 26 January 2009.

   b.  Headquarters, Department of the Army, Review Boards Agency, Support Division, St. Louis, Permanent Orders 026-01, dated 26 January 2009, awarded the Meritorious Service Medal to Lieutenant Colonel E___ C. Z________, 108th Tactical Fighter Wing, New Jersey Army [emphasis added] National Guard, for meritorious service from 26 February 1988 to 10 June 1991.

2.  Records show the applicant was promoted to LTC on 22 May 1991.
3.  A DD Form 214 shows the applicant was ordered to active duty in support of Operation Joint Endeavor on 24 June 1996 and honorably released from active duty (REFRAD) on 20 March 1997.

   a.  Block 18 (Remarks), in pertinent part, contains the statement, "DD Form 215 will be issued to provide missing information."

   b.  A DD Form 215 (Service-2 copy), dated 25 October 2001, in pertinent part, shows that the applicant's DD Form 214 for the period ending 20 March 1997 was corrected to show he was promoted to colonel (COL) on 6 March 1997.

4.  A DD Form 214 shows the applicant was ordered to active duty on
17 December 2001 and honorably REFRAD on 1 July 2002.

   a.  Block 18, in pertinent part, contains the statement, "DD Form 215 will be issued to provide missing information."

	b.  A DD Form 215 (Service-2 copy), dated 23 September 2004, shows that block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
1 July 2002 was corrected to add the Joint Meritorious Unit Emblem and Global War on Terrorism Service Medal.

   c.  A DD Form 215 (Service-2 copy), dated 9 January 2009, shows that block
13 of the applicant's DD Form 214 for the period ending 1 July 2002 was corrected to add the Joint Meritorious Unit Emblem, Global War on Terrorism Service Medal, and Meritorious Service Medal.  This document also shows the "Corrected To Read" block contains the statement, "Void Previously Issued DD Form 215 Dated 2004-09-23."

5.  A DD Form 214 shows the applicant was ordered to active duty in support of Operation Iraqi Freedom on 4 December 2005 and honorably REFRAD on 8 July 2006.  Block 18, in pertinent part, contains the statement, "DD Form 215 will be issued to provide missing information."

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  Chapter 3 (U.S. Army Individual Decorations) provides that U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service.


	a.  Section III (Task:  Process DA Form 638, Recommendation for Award) provides instructions for completing the DA Form 638.

   (1)  Paragraph 3-19 states that the DA Form 638 will be used to initiate, 
process, and approve award recommendations of all U.S. Army individual decorations.  Subparagraph 3-19e provides that permanent award orders are an authorized part of the DA Form 638.

   (2)  Table 3-2 (Steps for preparing and processing awards using the
DA Form 638, Recommendation for Award) states, in pertinent part, enter the Soldier's rank in block 5 (Name) and the Soldier's unit in block 7 (Organization).

   b.  Section IV (Task:  Prepare Award Certificates) provides instructions for completing award certificates.

   (1)  Paragraph 3-21 (Rules for preparing Army award certificates) states 
that certificate citations for the Meritorious Service Medal, Army Commendation Medal, and Army Achievement Medal are limited to six lines.

   (2)  Table 3-3 (Steps for preparing Army awards certificates) states, in 
pertinent part, type the Soldier's name with rank centered to the right of the "TO" line and type the unit name one line below the Soldier's name.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed 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 established standardized policy for preparing and distributing the DD Form 214. 

   a.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation contains item-by-item instructions for completing the
DD Form 214.

   b.  Block 13 states that entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.

   c.  The Separations Documents regulation provides that corrections to the
DD Form 214 must be neat and legible.  It also provides that corrections may be made by issuing a new DD Form 214 or DD Form 215, as applicable.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that:
   
   a.  the DD Form 215, dated 9 January 2009, that added the Meritorious Service Medal to his DD Form 214 FOR THE PERIOD ENDING 1 July 2002 should be rescinded;

   b.  a DD Form 215 should be issued to correct his DD Form 214 for the period ending 8 July 2006, which is his latest DD Form 214, to show award of the Meritorious Service Medal;

   c.  a DD Form 4980-12 should be issued to show his correct rank and unit, and also the full proposed citation as part of the award citation; and

   d.  Headquarters, Department of the Army, Review Boards Agency, Support Division, St. Louis, Permanent Orders 026-01, dated 26 January 2009, should be corrected to show his correct rank and unit.

   e.  He also requests copies of all DD Forms 215 and corrected documents that are issued as a result of this action, incorporation of the documents into his OMPF, and that his records be returned to the NPRC for filing.

2.  The DD Form 215, dated 9 January 2009, that voided the previously-issued DD Form 215, dated 23 September 2004, is valid as it corrects the applicant's
DD Form 214 for the period ending 1 July 2002 by adding three awards (i.e., Joint Commendation Unit Emblem, Global War on Terrorism Service Medal, and Meritorious Service Medal) the applicant was authorized during the period of active duty covered by the DD Form 214.  Therefore, there is no basis for rescinding or voiding the DD Form 215 dated 9 January 2009.

3.  The evidence of record shows that entries in block 13 of the DD Form 214 will be for all periods of service.  The evidence of record shows the applicant was awarded the Meritorious Service Medal for a period of service prior to the issuance of his DD Form 214 for the period ending 8 July 2006.  Therefore, it would be appropriate to correct his records by issuing a DD Form 215 to add the Meritorious Service Medal to block 13 of his DD Form 214 for the period ending
8 July 2006.

4.  The evidence of record shows that award certificates are prepared using the Soldier's name and rank as taken from the respective blocks of the approved
DA Form 638.  The evidence of record also shows that the unit name will be 
typed one line below the Soldier's name.  In addition, the governing regulation states that certificate citations for the Meritorious Service Medal are limited to six lines and that the ABCMR approved the proposed citation for the applicant's award.  Therefore, it would be appropriate to issue the applicant a new DD Form 4980-12 showing his rank (LTC), full name, and unit (108th Tactical Fighter Wing, New Jersey Air National Guard), along with the proposed citation:

   "For outstanding meritorious service for the period 26 February 1988 to
   10 June 1991 while assigned as the Army Ground Liaison Officer for the
108th Tactical Fighter Wing, New Jersey Air National Guard.  Lieutenant Colonel [Name]'s noteworthy efforts and personal sacrifices contributed markedly to improving the Combat Readiness of the Wing.  His professionalism and superior achievements reflect great credit upon himself, the Wing, and the U.S. Army."

5.  The evidence of record shows that permanent orders for awards are an authorized part of the DA Form 638.  Accordingly, the Soldier's name, rank, and unit are taken from the respective blocks of the approved DA Form 638 in promulgating the award in permanent orders.  Thus, the applicant's name and rank as shown on the permanent orders are correct.  However, the evidence of record shows the applicant's unit as shown on the permanent orders is in error and should be corrected to show the 108th Tactical Fighter Wing, New Jersey Air National Guard.

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:

   a.  issuing him a DD Form 215 to add the Meritorious Service Medal to block 13 of his DD Form 214 for the period ending 8 July 2006;

   b.  issuing him a new DD Form 4980-12 showing his rank (LTC), full name, and unit (108th Tactical Fighter Wing, New Jersey Air National Guard), along with the proposed citation; and

   c.  correcting the permanent orders that awarded the applicant the Meritorious Service Medal to show his correct unit (i.e., 108th Tactical Fighter Wing, New Jersey Air National Guard).

2.  As a result of the above corrections, the applicant should be provided copies of all DD Forms 215 and corrected documents issued as a result of this action.  In addition, the records custodian will ensure incorporation of these documents into the applicant's OMPF.

3.  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 rescinding or voiding the
DD Form 215 for the period ending 9 January 2009 and showing the applicant's rank as colonel on the Meritorious Service Medal award certificate and orders.



      _______ _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)                                         AR20100008279



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ABCMR Record of Proceedings (cont)                                         AR20100008279



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