IN THE CASE OF:	   

		BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120021224 


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 add the Meritorious Service Medal (2nd Award).  He also requests award of the Joint Service Commendation Medal.

2.  The applicant states:

* the Meritorious Service Medal was awarded to him twice; the second award was a retirement award and it was not added to his DD Form 214
* the recommendation for award of the Joint Service Commendation Medal was submitted but he never received the award

3.  The applicant provides:

* Permanent Orders 366-01, issued by Coalition Headquarters, Combined Joint Task Force (CJTF) Phoenix, Afghanistan, dated 31 December 2004
* DA Form 638-1 (Recommendation for Award of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), dated 23 January 1995
* DA Form 638 (Recommendation for Award), dated 19 January 2005
* Memorandum from the commander of the 76th Infantry Brigade, subject:  Recommendation for Award of the Joint Service Commendation Medal, dated 12 April 2005
* Citation to accompany the award of the Joint Service Commendation Medal to the applicant
* 
Narrative for award of the Joint Service Commendation Medal to the applicant
* Letter of recommendation from the applicant's Army National Guard Commander for position as the State Command Sergeant Major for the State of New Hampshire, dated 20 July 2005
* DD Form 214 for the period ending 27 August 2005

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.  After having had previous service on active duty and the U.S. Army Reserve, the applicant enlisted in the New Hampshire Army National Guard (NHARNG) on 12 February 1990.  During the course of his career he served in a variety of assignments and deployments.  The highest rank/grade he attained was command sergeant major (CSM)/E-9.

3.  His record contains a DA Form 638-1, dated 23 January 1995.  Part D (Orders Data) of this form shows he was awarded the Meritorious Service Medal for meritorious service for the period February 1990 to February 1995 by Permanent Order Number 31-1, issued by The Adjutant General of New Hampshire (TAGNH), dated 31 January 1995.

4.  His record shows he served on active duty from 22 June 2004 to 27 August 2005.  During this period he was deployed to Afghanistan in support of Operation Enduring Freedom from 7 August 2004 to 28 July 2005.

5.  His record contains a DA Form 638, dated 19 January 2005, that recommended him for award of the Meritorious Service Medal (2nd Award) for the period 15 April 1998 through 1 April 2006 due to retirement.  Part V (Orders Data) of this form shows he was awarded the Meritorious Service Medal
(2nd Award) by Permanent Order Number 024-003, issued by TAGNH, dated
24 January 2006.

6.  There is no evidence of record and the applicant did not provide any evidence that shows he was awarded the Joint Service Commendation Medal.

7.  On 27 August 2005, he was honorably released from active duty at the completion of required active service and he reverted to the NHARNG.  The 
DD Form 214 he was issued at the time does not list the Meritorious Service Medal (2nd Award) or the Joint Service Commendation Medal as authorized awards.

8.  His record contains a chronological statement of retirement points, dated 
27 June 2013, that shows he retired on or about 8 April 2006.

9.  He provided a memorandum of recommendation for award of the Joint Service Commendation Medal, dated 12 April 2005.  The recommendation included the proposed citation and narrative for the award.

10.  He provided a letter "To All Board Members," dated 20 July 2005, wherein his former commander stated he had been recommended for award of the Joint Service Commendation Medal.

11.  Army Regulation 600-8-22 (Military Awards) states the Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963 and implemented by Department of Defense Manual 1348.33.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 1 January 1963, distinguished themselves by meritorious achievement or service.  The prescribing directive for the Joint Service Commendation Medal is Department of Defense Manual 1348.33.

12.  Department of Defense Manual 1348.33 states the Joint Service Commendation Medal was the first Defense/Joint decoration.  The Joint Service Commendation Medal may be awarded in the name of the Secretary of Defense to members of the U.S. Armed Forces who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  Award for meritorious service is generally for a period of time greater than 12 months and encompassing an individual’s entire joint assignment, including any extensions.  Service members assigned and/or attached to a Joint Task Force (JTF) as individuals (not as members of a Service unit) may also be eligible for the Joint Service Commendation Medal.  Members of Service-unique units assigned and/or attached to a JTF retain eligibility for award of personal decorations from their parent Services.  They may not be awarded Defense/Joint decorations.  The Joint Service Commendation Medal will not be awarded for any period of service for which a Military Department medal is awarded.


DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's request that the Meritorious Service Medal (2nd Award) be added to his DD Form 214:

	a.  His DD Form 214 shows he entered active duty on 22 June 2004 and he was honorably released from active duty on 27 August 2005.

	b.  The Meritorious Service Medal (2nd Award) was a retirement award that covered the period 15 April 1998 through 1 April 2006.

	c.  The period covered and the approval date of the award (24 January 2006) was after his release from active duty.

	d.  Since the award was for retirement, and the period covered and approval date fell after his release from active duty, he is not entitled to correction of his
DD Form 214 for the period ending 27 August 2005 to add this award.

2.  With respect to his request for award of the Joint Service Commendation Medal:

	a.  He provided evidence to show his chain of command recommended him for award of the Joint Service Commendation Medal.

	b.  He did not provide sufficient evidence to show this award recommendation was submitted or that it was approved by the award approval authority.

	c.  The Army and this Board have no authority to award a Defense/Joint decoration.

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)                                         AR20120021224



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ABCMR Record of Proceedings (cont)                                         AR20120021224



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