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ARMY | BCMR | CY2015 | 20150003514
Original file (20150003514.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20150003514 


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 reconsideration of his earlier request for correction of his records to show award of the Defense Meritorious Service Medal (DMSM).

2.  The applicant states:

* he understands what the Army Board for Correction of Military Records (ABCMR) can and cannot do
* the prior Board response is not the answer he wanted because he was actually awarded the DMSM
* he sent his DMSM to the National Personnel Record Center (NPRC) believing they would do their job and place it in his file
* he wonders if it wasn't mistakenly filed by NPRC with his enlisted records
* he does not lie – what he told the ABCMR in his prior application is the truth
* he wonders whether the ABCMR even contacted the Defense Intelligence Agency (DIA) in an attempt to obtain a copy of the general order dated May, June, July, or August of 1982
* he finds it odd that we live in a world where the U.S. Government has George Washington's Bills to Congress, yet a general order from only 32 years ago can't be found in a records holding area
* maybe the ABCMR should check
* the prior Board proceedings show him as a U.S. Army Reserve warrant officer
* if the ABCMR doesn't have his Regular Army appointment orders on file, he has a copy of those orders and will gladly send them to the Board to complete his records
* he realizes the ABCMR can only do so much because he did not keep a copy of the general orders for his DMSM, but he questions why the ABCMR can't check with DIA to see if they can be retrieved, thereby correcting his records

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140006582 on 20 January 2015.

2.  The applicant advances the argument that an officer's word is his bond which is considered a new argument not previously considered by the Board warranting consideration at this time.

3.  After over 14 years of prior enlisted service in the Regular Army, the applicant was appointed as a warrant officer one on 27 February 1976.

4.  He previously provided a DIA Form 420 (Recommendation for Award) and DMSM Citation which show he was recommended for award of the DMSM on 25 February 1982 while assigned as the Operations Coordinator, U.S. Defense Attaché Office, The Hague, Netherlands, from 17 November 1979 through 17 May 1982.

5.  The DIA Form 420 he provided does not indicate whether the award was approved or disapproved and his military records do not contain any indication he was recommended for and awarded the DMSM.  General orders pertaining to award of the DMSM are not in his available records for review.

6.  On 31 May 1982, he retired from the Regular Army after 20 years, 4 months, and 5 days of active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect award of the DMSM.

7.  Army Regulation 600-8-22 (Military Awards) provides that the DMSM is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 3 November 1977, distinguished themselves by noncombat meritorious achievement or service.

8.  Department of Defense Directive 1348.33 (Manual of Military Decorations and Awards: General Information, Medal of Honor, and Defense/Joint Decorations and Awards) states any of the Defense/Joint decorations may be awarded upon the retirement or separation of an eligible service member.  The DMSM is the third highest Defense/Joint peacetime award.  Recommendations for the DMSM shall be submitted to the appropriate approval authority for processing.  In those instances where the approval authority rests with the Deputy Chief Management Officer or the Chairman of the Joint Chiefs of Staff, the recommendation shall be submitted for processing to the Director, Military Personnel, Human Resources Directorate, White House Services, or the Director, Joint Staff, no later than 90 days before the desired presentation date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his prior request for correction of his records to show he was awarded the DMSM was carefully considered.

2.  Notwithstanding the applicant's sincerity and assertion that an officer's word is his bond, there is no corroborating evidence in the applicant's records and he has not provided any which shows award of the DMSM was approved.  The previously provided award recommendation and proposed citation do not show the award was approved and general orders awarding him the DMSM are not available.  Independent corroborating evidence beyond the applicant's word is required in order to verify he was awarded the DMSM and correct his records.

3.  This Board is neither a records repository nor an investigative body.  It considers evidence brought before it supplied by the applicant and evidence readily available in the applicant's personnel records obtained from NPRC.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20140006582, dated 20 January 2015.



      ______________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)                                         AR20150003514



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ABCMR Record of Proceedings (cont)                                         AR20150003514



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