IN THE CASE OF:	 

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140005016 


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 Legion of Merit (LM), two awards of the Joint Service Commendation Medal (JCSM), and the Army Superior Unit Award (ASUA).

2.  The applicant states his last two years on active duty were overshadowed by family circumstances that prevented him from focusing on the administrative accuracy of his military personnel records.  He was assigned to Walter Reed Army Medical Center (WRAMC) and the personnel service support was located at Fort Belvoir, Virginia.  The LM was awarded to him after he retired from active duty.

3.  The applicant provides copies of his –

* DA Form 4980-11 (LM Certificate)
* two DD Forms 2413 (JSCM Certificates)
* an ASUA Information Paper
* Department of Veterans Affairs (VA) letter

CONSIDERATION OF EVIDENCE:

1.  The applicant was ordered to active duty as a Reserve commissioned officer, in the rank of captain, on 13 June 1988.  He was awarded area of concentration 60P (Pediatrician).  He continued to serve on active duty and was appointed in the Regular Army on 21 June 2000.  He was promoted to colonel/ pay grade O-6 on 13 June 2006.

2.  The applicant's Officer Record Brief (ORB), dated 17 May 2011, shows in –

* section VIII (Awards and Decorations), in pertinent part, one award of the JSCM
* section IX (Assignment Information) – he was assigned to the North Atlantic Regional Medical Command, WRAMC, on 9 April 2010

3.  A review of the applicant's military personnel records revealed a copy of an Office of the Secretary of Defense, Washington, DC, Military Personnel Awards Order Number 05-156, dated 20 July 2005, that awarded the applicant the JSCM for the period July 2003 to June 2005.

4.  This review failed to reveal evidence that he was awarded a second award of the JSCM.

5.  The applicant's DD Form 214 shows he was honorably retired from active duty on 31 October 2011.  It shows the –

* JSCM
* Meritorious Service Medal (5th Award)
* Army Commendation Medal
* Meritorious Unit Commendation
* ASUA
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with 1 bronze service star
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* North Atlantic Treaty Organization Medal
* Kuwait Liberation Medal – Kuwait

6.  Headquarters, Department of the Army, General Orders (DAGO) Number 2013-34, dated 5 September 2013, awarded the ASUA to WRAMC and assigned or attached units, including the U.S. Army Northern Regional Medical Command (NRMC), for the period 1 January 2010 to 31 December 2010.



7.  In support of his application the applicant provides the following documents –

   a.  LM Certificate that shows Headquarters, U.S. Army Medical Command, Fort Sam Houston, TX, Permanent Orders 339-005, 5 December 2011, awarded the applicant the LM for exceptionally meritorious service during the period
1 November 2001 to 31 October 2011.  It also shows his service on active duty culminated as the Assistant Chief of Staff Clinical Operations, NRMC, Fort Belvoir, VA.

   b.  two JSCM Certificates (sans order numbers) that show he was awarded the JSCM for meritorious service for the Armed Forces of the United States and that the certificates were issued on 18 July 2005 and 1 June 2010, respectively.

   c.  An Information Paper, dated 21 July 2011, subject:  The ASUA will be presented to WRAMC Medical Center Brigade (27 July 2011), that shows the ASUA would be presented to all individuals within organizations who supported WRAMC, including, in pertinent part, the NRMC.  It also shows that orders authorizing award of the ASUA had not yet been received.

   d.  A VA letter, dated 27 January 2014, that shows the applicant was granted service-connected disability with a combined rating of 100 percent.

8.  In the processing of the applicant's request, a member of the ABCMR staff contacted the applicant via email and requested copies of JSCM award orders he might have to support his request.  To date, the applicant has failed to provide a response or any additional award orders.

9.  The JSCM was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  Records show that permanent orders awarded the applicant the LM for the period 1 November 2001 to 31 October 2011.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show award of the LM.

2.  The evidence of record shows that military orders announced award of the JSCM to the applicant for his meritorious service from July 2003 to June 2005.

   a.  The applicant provides two JSCM certificates indicating he received two awards of the JSCM.  However, there is no evidence of record (specifically, military orders) to substantiate the second award of the JSCM.

   b.  The applicant was contacted in an effort to obtain a copy of the order pertaining to a second award of the JCSM; however, the applicant failed to respond to the request.

   c.  The governing awards regulation is clear that award of a personal decoration requires announcement of the award in orders.  The evidence of record fails to satisfy this requirement.

   d.  Thus, there is an insufficient evidentiary basis to correct the applicant's records to show he was awarded two awards of the JSCM.

3.  The applicant's DD Form 214, issued on 31 October 2011, shows the ASUA, which was prior to announcement of the ASUA awarded to the WARMC in DAGO Number 2013-34, dated 5 September 2013.  In addition, the WRAMC Information Paper that announced the ASUA ceremony was dated 21 July 2011.  Thus, it is reasonable to conclude that the ASUA that is recorded on his ORB (dated 17 May 2011) and also on his DD Form 214 pertains to another unit the applicant was previously assigned/attached to that was cited for award of the ASUA.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show two awards of the ASUA.

4.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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. deleting from his DD Form 214 the "Army Superior Unit Award" and

	b.  adding the following awards to his DD Form 214 –

* Legion of Merit
* Army Superior Unit Award (2nd Award)

2.  The Board further determined 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 a second award of the Joint Service Commendation 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)                                         AR20140005016



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ABCMR Record of Proceedings (cont)                                         AR20140005016



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