PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            12 September 2000                  
	DOCKET NUMBER:    AR2000044213

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Carol Jo Suiter		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 reconsideration of that portion of his previous application in which he was denied the Army Commendation Medal (ARCOM) and the Joint Meritorious Unit Award (JMUA).

3.  The applicant states that he is entitled to both of the awards he has requested.  In support of his request, he has provided a copy of the Recommendation for Award (DA Form 638) showing that he was awarded the ARCOM under permanent order 070-012, on 29 April 1996, and he states that he is entitled to the JMUA because the unit he was attached to in Haiti was granted the award.

4.  The Board originally considered his case on 7 October 1999 and denied that portion of his request pertaining to the ARCOM and the JMUA due to lack of evidence.  

5.  The documents he has provided in support of the ARCOM include a copy of DA Form 638 indicating that the applicant was recommended for the Meritorious Service Medal as an end of service award.  The chain of command recommended that the award be downgraded to the ARCOM and that award was finally approved on 29 April 1996 under permanent order 070-012.

6.  The record shows that the applicant was assigned to the 54th Quartermaster Company during his service in Haiti.  However, on 25 April 1995 he was attached to Headquarters US Forces Haiti until 27 July 1995, in support of Operation Uphold Democracy.  A Noncommissioned Officer (NCO) Evaluation Report for the period May through July 1995, executed within the US Forces Haiti rating chain, shows that he was assigned as the Theater Mortuary Affairs NCO in Charge for the three month rating period noted.

7.  The US Total Army Personnel Command, Awards Branch Home Page, Unit Citation and Campaign Participation Credit Register, indicates that Headquarters US Forces Haiti was awarded the JMUA for the period 30 October 1995 to          5 March 1996.

8.  Army Regulation 670-1, Wear and Appearance of Army Uniforms and Insignia, Appendix F, provides that US Unit Award Emblems are authorized for permanent wear by an individual who was assigned to and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the cited period.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded the ARCOM on 29 April 1996 and that award should be listed on his separation document (DD Form 214).

2.  The applicant is not entitled to the JMUA because he was not assigned or attached to the unit authorized the award (Headquarters US Forces Haiti) during the period cited for the award.  He was attached during the time frame May to July 1995 but the unit was cited for the period 30 October 1995 to 5 March 1996.

3.  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 showing that the individual concerned was awarded the ARCOM effective 29 April 1996.

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

BOARD VOTE:  

__cmf __  ___fne __  ___cjs  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR2000044213	
SUFFIX		
RECON	19991007	
DATE BOARDED	20000912	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.