PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             19 January 2000  
	DOCKET NUMBER:     AR1999025135

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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 that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 28 February 1998 be corrected to show two awards of the Meritorious Service Medal (correctly known as the Meritorious Service Medal with First Oak Leaf Cluster); and that the entry “DEEMBER” in item 14 (Military Education) be corrected to show “DECEMBER”.

3.  The applicant states, in effect, that he was awarded the Meritorious Service Medal with First Oak Leaf Cluster and that “December” is misspelled in item
14 of his DD Form 214 with an effective date of 28 February 1998.  In support of his application, he submits a copy of DA Form 638 (Recommendation for Award) and a copy of his DD Form 214 with an effective date of 28 February 1998. 

4.  The applicant’s military records show that he completed over 22 years of active service and was retired on 28 February 1998.

5.  The applicant’s DD Form 214 with an effective date of 28 February 1998 does not show the Meritorious Service Medal with First Oak Leaf Cluster as an authorized award.  Item 14 (Military Education) of the DD Form 214 with an effective date of 28 February 1998 does show the month of December is misspelled (“DEEMBER”). 

6.  The applicant provided a copy of DA Form 638 (Recommendation for Award), dated 5 October 1997, which shows the applicant was awarded the Meritorious Service Medal with First Oak Leaf for the period 7 March 1970 to 5 October 1997 as a retirement award.  The orders for this award were published on 13 May 1998 over two months after his retirement. 

CONCLUSIONS:

1.  Evidence of record shows the applicant retired from the Army on 28 February 1998.

2.  Evidence of record also shows the applicant was awarded the Meritorious Service Medal with First Oak Leaf Cluster on 13 May 1998.  Therefore, he is entitled to correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with an effective date of 28 February 1998 to show this award.

3.  Through an administrative error, the entry “DEEMBER” in item 14 (Military Education) of the applicant’s DD Form 214 with an effective date of 28 February 1998 was misspelled.  Therefore, it would be appropriate to correct this entry, at this time.

4.  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: 

a.  by showing the entry “Meritorious Service Medal with First Oak Leaf Cluster” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 with an effective date of 
28 February 1998 of the individual concerned; and 

	b.  by deleting the entry “DEEMBER” in item 14 (Military Education) of the DD Form 214 with an effective date of 28 February 1998 of the individual concerned; and 

	c.  by adding the entry “DECEMBER” in item 14 of his DD Form 214.

BOARD VOTE:  

RVO____  CLG_____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999025135	
SUFFIX		
RECON		
DATE BOARDED	20000119	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19980228	
DISCHARGE AUTHORITY	AR 635-200 chapter 12 	
DISCHARGE REASON	Sufficient service for retirement	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0017	
2.	100.0000	
3.		
4.		
5.		
6.