BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20140020397 


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 the Legion of Merit (3rd Award) and the Military Outstanding Volunteer Service Medal.

2.  The applicant states, in effect, the "system was down" when he out-processed from the Army for retirement at Fort Eustis, Virginia.  He was told the entries on his DD Form 214 would be made once the "system was up."  In the summer of 2014, he noticed the entries pertaining to his awards had not been posted.  It took him some time to locate the original awards.

3.  The applicant provides:

* Legion of Merit Certificate for the period 1 September to 31 August 1996
* Certificate of Achievement, dated 1 June 1996
* DA Form 638 (Recommendation for Award), dated 6 February 1996

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the Army on 10 April 1967, and he was appointed as a Regular Army commissioned officer on 4 August 1967.  He served in various stateside and overseas assignments and attained the rank of colonel (COL).

2.  Permanent Order (PO) Number 156-15, issued by Headquarters, U.S. Army Europe and 7th Army, Germany on 31 October 1988, awarded him the Legion of Merit for the period 29 October 1986 to 3 November 1988.

3.  His record does not contain an officer record brief (ORB) or DA Form 2-1 (Personnel Qualification Record – Part II) that indicates he was awarded the Legion of Merit (3rd Award) or the Military Outstanding Volunteer Service Medal. Additionally:

   a.  His record does not contain official orders or a certificate of award showing he was awarded the Legion of Merit (3rd Award).
   
   b.  His record does not contain a DA Form 638 (Recommendation for Award) or a certificate showing he was awarded the Military Outstanding Volunteer Service Medal.

4.  His record contains, and he provided, a Legion of Merit Certificate for the period 1 September 1986 to 31 August 1996 and a DA Form 638 showing Permanent orders (PO) Number 178-2, issued by the U.S. Total Army Personnel Command (currently the Army Human Resources Command), on 26 June 1996, awarded him the Legion of Merit (3rd Award) for the period 1 September 1986 to 31 August 1996.  

5.  He was honorably retired on 31 August 1996, after completing 29 years,        2 months, and 18 days of net active service, of which 8 years, 9 months, and      3 days were credited as foreign service.  His DD Form 214 shows he was awarded the Legion of Merit (2nd Award) and does not list the Military Outstanding Volunteer Service Medal.

6.  He provided a Certificate of Achievement, dated 1 June 1996, which states he was a recipient of the Military Outstanding Volunteer Service Medal.  

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

   a.  To qualify for award of the Military Outstanding Volunteer Service Medal, a service member's volunteer service must meet the following requirements:  

* be to the civilian community, to include the military family community
* be significant in nature and produce tangible results
* reflect favorably on Military Service and the Department of Defense
* be of a sustained and direct nature
   b.  While there is no specific time period to qualify for the Military Outstanding Volunteer Service Medal, approval authorities will ensure the service to be honored merits the special recognition afforded by this medal.  Approval authority for award of the Military Outstanding Volunteer Service Medal will be commanders serving in the rank of Lieutenant Colonel or higher.  
   
   c.  The Military Outstanding Volunteer Service Medal is categorized as a service medal, and as such, no orders are issued to announce its approval [a DA Form 638 is used in lieu of official orders].  The rules for processing award of the Military Outstanding Volunteer Service Medal state the recommender will complete pertinent portions of the DA Form 638 and will, on this form, list the Soldier’s volunteer service.  Additionally, the proposed citation listed on this form will be used when the award is presented to Soldier.  The recommendation for award of the Military Outstanding Volunteer Service Medal will be submitted through official military channels using the DA Form 638 to final approval authority, who will complete block 26 of the DA Form 638 indicating approval or disapproval, and return original form through the intermediate commander to the battalion S1.  The battalion S1 will update the ORB or ERB showing award of the Military Outstanding Volunteer Service Medal and return the original DA Form 638 to the recommender for presentation. There is an award certificate for the Military Outstanding Volunteer Service Medal. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Legion of Merit (3rd Award) and the Military Outstanding Volunteer Service Medal was carefully considered.

2.  The evidence of record included Permanent Orders Number 156-15, dated
31 October 1988, which show he was awarded the Legion of Merit for the period 29 October 1986 to 3 November 1988 and a Legion of Merit Certificate that shows he was awarded the Legion of Merit for the period 1 September 1986 to 
1 August 1996.  While his record does not contain a second award of the Legion of Merit it does contain a DA Form 638 that shows he was approved for award of the Legion of Merit (3rd Award).  Therefore, he is entitled to correction of his 
DD Form 214 to show this award.  

3.  The Military Outstanding Volunteer Service Medal is a service award; therefore, orders are not required.  However, the proper official document to authorize this award is the DA Form 638, which is presented to the awardee in a presentation ceremony.  

4.  Nevertheless, he presented a Certificate of Achievement stating he was the recipient of the Military Outstanding Volunteer Service Medal, and while there is no other official documentation indicating he received the Military Outstanding Volunteer Service Medal this seems sufficient to justify adding the award to his DD Form 214.  

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 deleting the Legion of Merit (2nd Award) from his DD Form 214 and adding the Legion of Merit (3rd Award) and the Military Outstanding Volunteer Service Medal to his DD Form 214.




      __________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)                                         AR20140020397



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ABCMR Record of Proceedings (cont)                                         AR20140020397



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