PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 September 2000                  
	DOCKET NUMBER:   AR2000038836

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi 		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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, in effect, correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of
30 September 1997 to show award of the Meritorious Service Medal (MSM) (Third Oak Leaf Cluster) [four awards of the MSM] or the Army Commendation Medal (ARCOM) (Fourth Oak Leaf Cluster) [five awards of the ARCOM], the Armed Forces Expeditionary Medal (AFEM), the Military Free Fall Jumpmaster Badge and the Greek HALO (High Altitude Low Opening) Parachutist Badge.  He also requests correction of his DA Form 2-1 (Personnel Qualification Record).

3.  The applicant’s request for issuance of two awards of the Joint Meritorious Unit Award and the Army Superior Unit Award will be addressed by separate correspondence. 

4.  The applicant submitted seven applications.  He states, in effect, that his retirement award, which is either a MSM (Third Oak Leaf Cluster) [four awards of the MSM] or an ARCOM (Fourth Oak Leaf Cluster) [five awards of the ARCOM], is not posted to his DD Form 214.  He contends that he is entitled to the AFEM for his participation in Operations Joint Endeavor and Joint Guard.  He also states that the badges are not properly posted to his DD Form 214.  In support of his applications, he submits copies of his DD Form 214, DA Form 2-1, travel vouchers, a Joint Meritorious Unit Award citation, DA Form 638 (Recommendation for Award) dated 12 June 1997, Military Personnel Messages No. 99-100 and 99-128 and an award certificate and citation for award of the Army Superior Unit Award.  

5.  The applicant’s military records show that he completed over 20 years of active duty on 30 September 1997 when he retired in the rank of master sergeant.

6.  The applicant’s retirement DD Form 214 shows the MSM (3rd Award) and the ARCOM (4th Award) as authorized awards.  The DD Form 214 does not show the AFEM as an authorized award.  The DD Form 214 also shows the entries “MILITARY FREE FALL PARACHUTIST BADGE” and “GREEK PARACHUTIST BADGE”.    

7.  United States Army, Europe, and Seventh Army Permanent Orders 135-3, dated 14 May 1996, show the applicant was awarded the MSM (Second Oak Leaf Cluster) [third award of the MSM].  Subsequently, the applicant received a fourth award of the MSM as a retirement award for meritorious service during the period 1 June 1984 to 30 September 1997.  

8.  His personnel records also show that he was awarded five ARCOM’s.  The last ARCOM was an interim retirement award for meritorious service during the period 1 June 1984 to 30 September 1997.  However, it was not posted to his retirement DD Form 214.    
9.  The applicant’s DA Form 2-1 shows that he served in Bosnia from 30 August 1995 to 7 September 1995, 18 December 1995 to 1 May 1996 and 2 January 1997 to 22 February 1997.

10.  United States Special Operations Command, Permanent Orders 146-24, dated 26 May 1995, show the applicant was awarded the Military Free Fall Jumpmaster Badge.  There is no evidence in the applicant’s personnel records which shows he was awarded the Military Free Fall Parachutist Badge. 

11.  The applicant’s records show he was awarded the Greek Armed Forces High Altitude Low Opening Parachutist Badge and the Greek Parachutist Badge on 12 August 1994.

12.  Paragraph 1-18 of Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

13.  Army Regulation 600-8-22, states in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Service Medal and the Army Commendation Medal.

14.  Army Personnel Command Message with a Date/Time Group of 121605Z March 1999 authorized award of the AFEM for service in support of Operations Joint Endeavor from 1 June 1992 to 19 December 1996 and Joint Guard from 
20 December 1996 to 20 June 1998 in the Republic of Bosnia-Herzegovina. 

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July
1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 
30 days, be engaged in direct support of the operation for 30 consecutive or 
60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded four awards of the MSM.  His retirement DD Form 214 incorrectly shows the MSM (3rd Award).  Therefore, it would be appropriate to correct this entry at this time.
2.  Evidence of record shows the applicant was awarded five awards of the ARCOM.  However, he is entitled to only four awards because the fifth award was an interim retirement award.  In accordance with the governing regulation, only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Therefore, his retirement DD Form 214 correctly shows the ARCOM (4th Award) and there is no basis for correction of this award.

3.  The Board noted the applicant’s contention that he has not received his retirement award.  However, DA Form 1577 (Authorization for Issuance of Awards), dated 5 January 2000, shows the MSM (Third Oak Leaf Cluster) [fourth award of MSM] was authorized for issuance to the applicant.

4.  The applicant served in Bosnia-Herzegovina in support of Operations Joint Endeavor and Joint Guard.  Therefore, he is entitled to correction of his retirement DD Form 214 to show award of the AFEM.

5.  The applicant was awarded the Military Free Fall Jumpmaster Badge.  His retirement DD Form 214 incorrectly shows the Military Free Fall Parachutist Badge.  Therefore, it would be appropriate to correct this entry at this time.

6.  The Board noted the applicant’s contention that the Greek Parachutist Badge is incorrectly recorded on his retirement DD Form 214.  However, evidence of record shows the applicant was awarded the Greek HALO Parachutist Badge and the Greek Parachutist Badge.  Therefore, he is entitled to correction of his retirement DD Form 214 to award of the Greek HALO Parachutist Badge.

7.  The Board noted the applicant’s request to have his DA Form 2-1 corrected.  However, the DA Form 2-1 is not maintained after discharge.  Therefore, the Board has no authority to make corrections to the applicant’s DA Form 2-1. 

8.  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 the entries “MERITORIOUS SERVICE MEDAL (3RD AWARD)” and “MILITARY FREE FALL PARACHUTIST BADGE” from item 
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 30 September 1997 of the individual concerned; and  

	b.  by adding the entries “MERITORIOUS SERVICE MEDAL (4TH AWARD)”, “ARMED FORCES EXPEDITIONARY MEDAL”, “MILITARY FREE FALL JUMPMASTER BADGE” and “GREEK HALO PARACHUTIST BADGE” in item 13 of his DD Form 214.  

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

BOARD VOTE:  

CLA_____  WTM___  TBR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR2000038836	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19970930	
DISCHARGE AUTHORITY	AR 635-200 Chapter 12  	
DISCHARGE REASON	Sufficient Service for Retirement	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0017	
2.	107.0020	
3.	107.0072	
4.	107.0120	
5.		
6.