PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                29 April 1999
	DOCKET NUMBER:       AR1998013274

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Christopher J. Prosser		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 records to show award of the Meritorious Service Medal.

3.  The applicant states that he was awarded the Meritorious Service Medal, but it is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  In support of his application he submits a copy of an award certificate for the Meritorious Service Medal. 

4.  The applicant’s military records show that he served in an enlisted status from 31 August 1982 to 14 May 1983.  He was commissioned on 17 May 1985 and entered active duty.  The applicant served as a rotary wing aviator until he was honorably separated in the rank of captain from the Army on 1 September 1990.

5.  The applicant’s DD Form 214 with an effective date of 1 September 1990 does not show the Meritorious Service Medal as an authorized award.  There are no orders in the applicant’s records which show entitlement to award of the Meritorious Service Medal.

6.  The applicant provided a copy of his award certificate for the Meritorious Service Medal awarded for exceptionally meritorious service.  This certificate covers the period 17 January 1987 to 1 September 1990 for duties performed in the 45th Support Group and the 25th Infantry Division Aviation Brigade.  The certificate is signed by the 25th Division Commander at the time in question and appears authentic.  

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to a members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.

CONCLUSIONS:

1.  The applicant presented an award certificate which shows that he received the Meritorious Service Medal for exceptionally meritorious service from 17 January 1987 to 1 September 1990.  This award is consistent with an award presented as end-of-tour recognition or in conjunction with end of service. 
2.  The Board notes the absence of an order for the applicant’s award of the Meritorious Service Medal; however, the Board has determined that the award is properly authenticated by the Division Commander as the award approval authority and is a valid award.  Therefore, as an exception to regulation, the applicant is entitled correction of his records to show award of the Meritorious Service Medal.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Meritorious Service Medal.

BOARD VOTE:  

AMC____  ESC____  CJP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ann M. Campbell_______
		CHAIRPERSON

INDEX

CASE ID	AR1998013274	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990429	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19900901	
DISCHARGE AUTHORITY	AR 635-100	
DISCHARGE REASON	RESIGNATION	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.