PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            25 October 2001
	DOCKET NUMBER:   AR2001058740

	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. Jessie B. Strickland		Analyst	

	The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 his report of separation (DD Form 214) be corrected to reflect his awards of the Legion of Merit (LOM), the Air Force Commendation Medal (AFCM) and the North Atlantic Treaty Organization (NATO) Medal. 

3.  The applicant states, in effect, that the medals were omitted from his DD Form 214 at the time of his separation.  In support of his application he submits a copy of his LOM Certificate dated 8 January 1997, a copy of the certificate awarding him the NATO Medal and a copy of the certificate and orders awarding him the AFCM. 

4.  The applicant’s military records show that he enlisted on 17 March 1976 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 1 February 1993.

5.  On 28 February 1997, while serving as an air traffic controller/platoon sergeant with the 58th Aviation Battalion in Germany, the applicant was honorably released from active duty and was transferred to the Retired List effective 1 March 1997.  He had served 20 years, 11 months and 14 days of total active service and was awarded the Meritorious Service Medal, the Army Commendations Medal (4th award), the Army Achievement Medal (7th award), the Joint Meritorious Unit Award, a Meritorious Unit Commendation, the Army Good Conduct Medal (6th Award), the National Defense Service Medal, the Southwest Asia Service Medal, the Humanitarian Service Medal, the NCO Professional Development Ribbon, the Armed Forces Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon. 

6.  A review of the applicant’s records fails to show any indication that the awards in question were ever made a matter of record.  However, the documents provided by the applicant clearly show he was awarded the LOM for his retirement and that he received the NATO Medal and AFCM for the period of 10 December 1995 to 14 January 1996.  Although he was awarded the AFCM on 8 July 1996, orders were not published until 4 February 1997.  

7.  A review of his records also shows that he received no disciplinary action during his career nor is there any derogatory information contained in his records.

CONCLUSIONS:

1.  Although there are no orders to support his award of the LOM, the Board finds that the certificate provided by the applicant is sufficient evidence to show that he was awarded the medal and that an administrative error resulted in the omission of that award from his records and his DD Form 214.

2.  The Board also finds that the documentation submitted by the applicant which awards him the AFCM and the NATO Medal is sufficient to add those awards to his records as well.  Accordingly, it would be in the interest of justice to do so at this time.

3.  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 by showing that the individual concerned was awarded the LOM, the AFCM and the NATO Medal.

BOARD VOTE:  

__kan___  __reb ___  __rjw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058740	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  55	107.0009/LOM	
3.  68	107.0022/AFCM	
4.		
5.		
6.