PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            15 July 1999      
	DOCKET NUMBER:   AR1999018194

	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. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Debra Williams		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 award of the Meritorious Service Medal (MSM) and the removal of a one-page document, dated 30 May 1986, shown on his restricted fiche.

3.  The applicant states, in effect, that he was given a MSM at this retirement and it is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also contends that his restricted fiche erroneously contains the first page of another solder’s request, dated 30 May 1986, for the transfer of an Article 15 for drug possession from his performance fiche to his restricted fiche of his official military personnel file (OMPF).

4.  The applicant’s military records show that he was inducted on 11 December 1968 and remained on active duty through continuous enlistments.  On
31 December 1990 he was retired in the rank of E-7.

5.  The applicant’s DD Forms 214 do not show the MSM as an authorized award.

6.  There is no evidence in the applicant’s personnel records which indicate that he was recommended for or awarded the MSM.

7.  The applicant’s restricted fiche shows he received nonjudicial punishment on 16 December 1969, while assigned to Vietnam, for violating a lawful general regulation. 

8.  The applicant’s enlisted evaluation report for the period of August 1981 through March 1982 shows that he served as a food service sergeant, assigned to Fort Riley, Kansas, and was rated as “an outstanding” non-commissioned officer (NCO). 

9.  The applicant’s enlisted evaluation report for the period of February 1986 through September 1986 shows that he served as a food service sergeant and was assigned to Fort Riley, Kansas. 

10.  The applicant’s restricted fiche also contains the first page of a letter addressed to the President, DA Suitability Evaluation Board, dated 30 May 1986, from a soldier assigned to Company B, 2d Battalion, 2d Signal School, Brigade, Fort Gordon, Georgia.  In summary, the letter requests the transfer of an Article 15 from the performance fiche to the restricted fiche and states: “On
30 September 1981, I accepted a field grade Article 15 for wrongful possession of 3 grams of marijuana.”  There is no name or signature on this document.   

11.  Army Regulation 600-8-22 (Military Awards) 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.  Furthermore the Army discourages self-aggrandizement and precludes individuals from recommending themselves for awards.

CONCLUSIONS:

1.  Notwithstanding the applicant’s contention that he was awarded the MSM at his retirement, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended or awarded the MSM.  Therefore, he is not entitled to correction of his military records to show this medal.  

2.  The evidence of record supports the applicant’s contention that the 30 May 1986 document shown on his restricted fiche was placed there in error.  The Board notes the document in question, dated 30 May 1986, was executed by a soldier assigned to Fort Gordon, Georgia, on that date.  Also, this soldier received disciplinary action on 30 September 1981 for drug possession.

3.  The evidence of record shows that the applicant was assigned to Fort Riley, Kansas, on 30 May 1986, not Fort Gordon, Georgia.  Records also show he was rated as “an outstanding” NCO during the period August 1981 through March 1982.   Therefore, the Board determined that the document was erroneously placed in the applicant’s restricted fiche of his OMPF and should be expunged from his records.         

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by removing the document dated 30 May 1986 from the restricted fiche of the OMPF of the individual concerned. 

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

BOARD VOTE:  

GDP____  JLP_____  DW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999018194	
SUFFIX		
RECON		
DATE BOARDED	19990715	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19901231	
DISCHARGE AUTHORITY	AR 635-200 Chapter 12	
DISCHARGE REASON	Retirement	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	134.0000	
2.	107.0017	
3.		
4.		
5.		
6.