PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 October 2001
	DOCKET NUMBER:   AR2001061765

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman		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 Achievement Medal and the Overseas Service Ribbon.

3.  The applicant states that he was “nominated” for a Meritorious Service Medal which was downgraded to an award of the Army Achievement Medal.  He states that he never received the award of the Army Achievement Medal or an award of the Overseas Service Ribbon to which he believes he is entitled.  The applicant states that he had been trying to get this matter resolved for several years.

4.  In support of his application, the applicant submitted a 31 October 1994 letter from the Awards Branch of the U.S. Total Army Personnel Command to the applicant, a 15 November 1999 letter from the applicant to the U.S. Army Reserve Personnel Center, a 23 March 2000 letter from the Army Review Boards Agency to the applicant, a copy of a 12 September 1994 Veterans Administration Form 21-4138 (Statement in Support of Claim), and a copy of a DA Form 638 (Recommendation for Award) with a draft citation.

5.  The applicant’s military records show that he entered active duty on 4 October 1989 and completed training as an Electronic Warfare Signal Intelligence Analyst.  He served in Germany from 15 March 1991 to 29 June 1993 and was honorably separated from active duty on 1 July 1993.

6.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Meritorious Service Medal, the Army Achievement Medal or the Overseas Service Ribbon as authorized awards.

7.  The applicant submitted a copy of a DA Form 638 which recommends him for award of the Army Commendation Medal for meritorious service during the period March 1991 to July 1993.  This form shows that, on 12 June 1993, the applicant’s company commander recommended the proposed award of the Army Commendation Medal be downgraded to the Army Achievement Medal.  On 29 June 1993, the applicant’s battalion commander, who was also the approval authority for award of the Army Achievement Medal, determined that the appropriate award in recognition of the applicant’s service was the Army Achievement Medal and that the applicant should receive that award instead of the Army Commendation Medal.  The DA Form 638 shows that 103d Military Intelligence Battalion Orders 16-01, dated 6 July 1993, were promulgated to award the Army Achievement Medal to the applicant.

8.  Item 5 (Oversea Service) of the applicant’s DA Form 2-1 (Personnel Qualification Record-Part II) shows that he served in Germany for 27 months and contains the entry “YES” under the heading Normal Tour Completion.

9.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

11.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was recommended for award of the Army Commendation Medal, not the Meritorious Service Medal as claimed.  

2.  Evidence of record further shows that the lieutenant colonel in command of the 103d Military Intelligence Battalion, who was also the approval authority for the Army Achievement Medal, determined that the appropriate award to recognize the applicant’s service was the Army Achievement Medal and he approved award of that decoration to the applicant.  Award of the Army Achievement Medal to the applicant was authorized by 103d Military Intelligence Battalion Orders 16-01, dated 6 July 1993.  

3.  Based on the foregoing, the applicant is entitled to award of the Army Achievement Medal for meritorious service during the period March 1991 to July 1993 and correction of his records to show this decoration.

4.  Evidence of record also shows that the applicant completed a normal tour of overseas service in Germany from 15 March 1991 to 29 June 1993 which qualified him for award of the Overseas Service Ribbon.  Therefore, the applicant is entitled to correction of his records to show award of the Overseas Service Ribbon.

5.  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 the individual concerned was awarded Army Achievement Medal for meritorious service during the period March 1991 to July 1993 and was awarded the Overseas Service Ribbon.

BOARD VOTE:  

__RKS__  ___PH___  __RVO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mr. Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2001061765	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011016	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.