PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                   26 October 2000
	DOCKET NUMBER:          AR2000043575

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Arthur A. Omartian		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 Army Superior Unit Award and the National Defense Service Medal.

3.  The applicant states that he was awarded the Army Superior Unit Award after his discharge from the Regular Army and that he was never awarded the National Defense Service Medal for his service in the Army Reserve from 19 September 1989 to 1 August 1992.

4.  The applicant’s military records show that he enlisted on 21 July 1986 as a military policeman and continued to serve until he was honorably released from active duty on 20 July 1989 and was transferred to the USAR.

5.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Army Superior Unit Award or the National Defense Service Medal as authorized awards.

6.  The applicant provided a copy of General Orders Number 35, dated 30 October 1989 awarding the 503rd Military Police Battalion the Army Superior Unit Award for the period 18 March 1988 to 8 September 1988.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he was assigned to the 108th Military Police Company, 503rd Military Police Battalion from 8 December 1986 to 20 July 1989.

7.  The applicant provided a copy of Headquarters, 303rd Military Police Company (CS) Memorandum, dated 26 March 1992, Subject: National Defense Service Medal.  This memorandum indicated that the National Defense Service Medal was awarded by Presidential Executive Order 12776, dated 18 October 1991 during the period beginning 2 August 1990 to 1 June 1991 which was after the applicant’s discharge from active duty.

8.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s DA Form
2-1 (Personnel Qualification Record) shows that he was awarded the National Defense Service Medal.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

10.  Army Regulation 635-5 established the standard policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that a DD Form 214 will only be issued to USAR members after completing 90 days or more of continuous active duty service, active duty for training (ADT), or full-time training duty (FTTD).

CONCLUSIONS:

1.  The applicant’s unit was awarded the Army Superior Unit Award for the period 18 March 1988 to 8 September 1988.  Therefore, he is entitled to correction of his records to show this award.

2.  The Board noted the applicant’s contention that he was never awarded the National Defense Service Medal.  However, evidence of record shows that he was awarded the National Defense Service Medal and that it is properly recorded on his DA Form 2-1.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

3.  The Board notes the applicant’s contention that he was not issued a 
DD Form 214 covering his service in the USAR.  The governing Army regulation does not permit issuance of a DD Form 214 for inactive service.  Therefore, he is not entitled to a DD Form 214 for this period.

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 that the individual concerned was awarded the Army Superior Unit Award.

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

BOARD VOTE:  

AAO____  WDP____  MMD____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		ARTHUR A. OMARTIAN____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043575	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001026	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19890720	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  81		
2.  115		
3.		
4.		
5.		
6.