IN THE CASE OF:	  

		BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140005465


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 records to show he was awarded the:

   a.  Distinguished Service Medal, North Carolina Army National Guard (ARNG) Distinguished Service Medal, an Army Commendation Medal, and an additional Army Achievement Medal; and

   b.  German "Gold Bundeswehr Schetzenschnur," (German Armed Forces Badge for Weapons Proficiency referred to in U.S. Army Regulations as the German Army Marksmanship Badge), and the Moldovan Army Order of Carbineri Medal. 

2.  The applicant states –

* he received the Moldovan Army Order of Carbineri Medal in August 2006
* he received an Army Commendation Medal in November 2013
* his last Army Achievement Medal was not processed, and the shooting "Schetzenschnur" cord was not entered on his DD Form 214
* the Army Commendation Medal, Distinguished Service Medal, and NCARNG Distinguished Service Medal were recently sent to him 

3.  The applicant provides copies of his 18 May 2006 DD Form 214, four DA Forms 638 (Recommendation for Award), and a Memorandum for Record for two foreign awards.



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 an ARNG retired master sergeant (E-8) with prior service in the U.S. Marine Corps. 

3.  The applicant provides page one of a DA Form 638 recommending him for the Army Achievement Medal for his actions on 27 August 1996.  This form does not include the final recommendation page and orders number.  

4.  On 17 February 1997, the 514th Military Police Company, 4th Platoon, Giessen Army Depot issued the applicant a Memorandum for Record showing he qualified for and was authorized to accept award of the "Gold Bundeswehr Schuetzenschnur." 

5.  On 29 August 2003, the U.S. European Command, Bilateral Affairs Office Moldova issued a Memorandum for Record showing the applicant was presented the Moldovan Army Order of Carbineri Medal.

6.  Permanent Orders 319-918, dated 5 May 2006, awarded the applicant the Army Commendation Medal with second Oak Leaf Cluster.

7.  Permanent Orders 319-918, dated 21 January 2014, awarded the applicant the Meritorious Service Medal.

8.  Permanent Orders 319-925, dated 23 January 2014, awarded the applicant the North Carolina Meritorious Service Medal.

9.  On 18 May 2006, the applicant was retired and placed on the Temporary Disability Retired List effective the following day.

10.  The applicant's interactive Personnel Electronic Records Management System (iPERMS) contains award orders only for –

* a U.S. Marine Corps Reserve Medal, in December 1984
* a Southwest Asia Service Medal with 2 bronze service stars, in October 1991
* an Army Commendation Medal, in January 1992
* an Armed Forces Reserve Medal with Ten Year Device, in December 1997
* a Multi-National Corps - Iraq Certificate of Achievement, in March 2005

11.  His record also contain the following civilian awards –

* an American Police Hall of Fame Merit Award for Excellent Arrest, in  August 1989
* a General Commendation Award, in May 1993

12.  His DD Form 214 shows his awards as the Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), Army Superior Unit Award, Army Good Conduct Medal, Marine Corps Good Conduct Medal, Army Reserve Components Achievement Medal, Marine Corps Reserve Medal, National Defense Service Medal (2nd Award), Southwest Asia Service Medal with 3 bronze service stars, Iraq Campaign Medal, Global War on Terrorism Service Medal, Armed Forces Service Medal, Humanitarian Service Medal, Armed Forces Reserve Medal, Noncommissioned Officers Professional Development Ribbon (3rd Award), Army Service Ribbon, Army Reserve Component Overseas Training Ribbon, Armed Forces Reserve Medal with "M" Device, North Atlantic Treaty Organization Medal, Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).

13.  The German Armed Forces Badge for Weapons Proficiency is awarded to German military personnel of all grades, but is only allowed to be worn by enlisted members.  It is listed in Army Regulation 600-8-22 (Military Awards), Appendix D as one of the few pre-approved foreign awards requiring no individual request to be forwarded up the serviceman's chain of command for acceptance.  

14.  An internet search failed to locate any information for the Moldovan Army Order of Carbineri Medal and it is not listed in the Army awards regulations.



15.  Army Regulation 600-8-22 states:  

   a.  The Distinguished Service Medal is awarded to any person who, while serving in any capacity with the U.S. Army, has distinguished himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility.  The performance must be such as to merit recognition for service which is clearly exceptional.  Exceptional performance of normal duty will not alone justify an award of this decoration.  
   
   b.  The Meritorious Service Medal is awarded to any member of the Armed Forces of the United States or to any member of the Armed Forces of a friendly foreign nation who has distinguished himself or herself by outstanding meritorious achievement or service.  
   
   c.  For all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
   
   d.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years, a bronze hourglass will be awarded upon completion of the first 10-year period award.  Additionally the "M" Device is authorized for wear on the Armed Forces Reserve Medal by members of the Reserve Components who are called or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designed by the Secretary of Defense.
   
   e.  Foreign Decorations – Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient. (emphasis added)  Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of host country then badge may be accepted and worn only by U.S. Army enlisted personnel.

   f.  Foreign badges – Eligibility requirements – Qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular badge is authorized for award only to enlisted personnel of host country then the badge may be accepted and worn by U.S. Army enlisted personnel.

16.  Army Regulation 635-5 (Separation Documents), 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 establishes standardized policy for preparing and distributing the DD Form 214 and states awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record does not contain any evidence that he was recommended for or awarded either the Distinguished Service Medal or the NCARNG Distinguished Service Medal.  

2.  The applicant's DD Form 214 shows award of the Army Commendation Medal (2nd Award) and the Army Achievement Medal (3rd Award).  Because the applicant has not provided and the available record does not contain orders for these medals it is impossible to determine if the requested Army Commendation Medal and Army Achievement Medal are included as one of those already shown on the DD Form 214 or are additional awards.  Without verification it is not appropriate to include any additional Army Commendation Medal or Army Achievement Medal to his DD Form 214.

3.  The applicant is shown to have been awarded the Moldovan Army Order of Carbineri Medal in 2003; however, this award is not shown to be a foreign award a U.S. Soldier is authorized to wear, have included in their official records, or included on their DD Form 214.  

4.  Although the applicant appears to have been awarded the North Carolina Meritorious Service Medal, this is a State military award not a Federal award, listed in AR 600-8-22 (as would the NCARNG Distinguished Service Medal).

5.  The applicant has provided a copy of an approved award recommendation for the Meritorious Service Medal.  Since this is a Federal award, it is appropriate to included on his DD Form 214.

6.  The applicant was awarded and authorized to accept the German Army Marksmanship Badge.  This foreign marksmanship award is one of the approved foreign badges that are authorized for inclusion on the DD Form 214.  It would be appropriate to include it on his DD Form 214. 

7.  The applicant was awarded the Armed Forces Reserve Medal with Ten Year (bronze hourglass) Device in December 1997 and subsequently was mobilized on three occasions.  His DD Form 214 shows award of the "Armed Forces Reserve Medal" and the "Armed Forces Reserve Medal with "M" Device (3rd Award).  Since these two entries are for the same medal and only the appurtenances for his periods of mobilization changed, it is appropriate to delete both entries and replace them with a single entry of the "Armed Forces Reserve Medal with Bronze Hourglass Device and "M" Device."

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 the entries " Armed Forces Reserve Medal" and "Armed Forces Reserve Medal with "M" Device."
   
   b.  showing on the applicant's DD Form 214 he is also authorized the – 
   
* Meritorious Service Medal
* Armed Forces Reserve Medal with Bronze Hourglass Device and "M" Device
* German Army Marksmanship Badge

2.  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 the Distinguished Service Medal, NCARNG Distinguished Service Medal, an additional Army Commendation Medal, an additional Army Achievement Medal, and the Moldovan Army Order of Carbineri 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)                                         AR20140017987



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ABCMR Record of Proceedings (cont)                                         AR20140005465



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