PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:           4 November 1998                   
	DOCKET NUMBER:   AC98-10643

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Meritorious Service Medal (correctly known as the Meritorious Service Medal with one Oak Leaf Cluster) and four awards of the Army Commendation Medal (correctly known as the Army Commendation Medal with three Oak Leaf Clusters).

3.  The applicant states, in effect, he is entitled to these awards.  In support of his application, he submits copies of three award recommendations and six award certificates.

4.  The applicant’s military records show that he was commissioned on 11 May 1985.  He entered a period of active duty on 6 March 1988 and was released from active duty with an honorable discharge on 30 September 1990 in the rank of first lieutenant and transferred to the U.S. Army Reserve.  He was recalled to active duty on 22 November 1996 and separated with an honorable discharge on 29 July 1997 in the rank of captain.

5.  The applicant’s DD Form 214 with a separation date of 29 July 1997 does not show the Meritorious Service Medal with one Oak Leaf Cluster or the Army Commendation with three Oak Leaf Clusters as authorized awards.  This DD Form 214 does show one award of the Meritorious Service Medal and the “Army Commendation Medal (3rd Award)”.  

6.  The applicant submitted a copy of DA Form 638-1 (Recommendation for Award) and an award certificate showing he received the Meritorious Service Medal for the period 11 September 1993  through 30 September 1995.

7.  The applicant submitted a copy of DA Form 638 (Recommendation for Award) and an award certificate showing he received the Meritorious Service Medal for the period from 18 March 1993 through 1 August 1996.  The Board notes this award overlaps the Meritorious Service Medal for meritorious service from 11 September 1993 through 30 September 1995.

8.  The applicant submitted a copy of an award certificate showing he received the Army Commendation Medal for meritorious service for the period 11 May 1985 through 7 February 1988.

9.  The applicant submitted a copy of an award certificate showing he received the Army Commendation Medal for meritorious service for the period 10 May 1989 through 28 September 1989.

10.  The applicant submitted a copy of an award certificate showing he received the Army Commendation Medal for meritorious service for the period 15 March 1990 through 15 August 1990.

11.  The applicant submitted a copy of DA Form 638-1 (Recommendation for Award) and an award certificate showing he received the Army Commendation Medal for meritorious achievement for the period 15 September 1993 through
2 October 1993.

12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

13.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which are the Meritorious Service Medal and the Army Commendation Medal.

CONCLUSIONS:

1.  The applicant’s DD Form 214 shows entitlement to one award of the Meritorious Service Medal.  The applicant provided two award certificates for the Meritorious Service Medal for meritorious service.  

2.  The two awards for meritorious service are for overlapping dates of service, and as a result, only one of these awards is valid in accordance with Army Regulation 600-8-22, paragraph 1-18a.  The Board has determined that the award for the period 18 March 1993 to 1 August 1996 is a more appropriate award for meritorious service than the award for the period 11 September 1993 to 30 September 1995 due to the length of service covered.    

3.  Based on the foregoing, the applicant is only entitled to one award of the Meritorious Service Medal which is properly reflected on his DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show two awards of the Meritorious Service Medal.

4.  The applicant’s DD Form 214 shows entitlement to three awards of the Army Commendation Medal.  Evidence of record shows the applicant was awarded  four awards of the Army Commendation Medal, three for meritorious service and one for achievement.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal with three Oak Leaf Clusters.  

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

     a.  by deleting “Army Commendation Medal (3rd Award)” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 with a separation date of 29 July 1997 of the individual concerned; and

     b.  by adding ”Army Commendation Medal with three Oak Leaf Clusters” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

JEV_____  LLS_____  TNK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON