PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           26 February 2002                            
	DOCKET NUMBER:   AR2001061813

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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 correction of his DD Form 214 (Report of Separation from Active Duty) to show that he was awarded the Meritorious Service Medal (MSM).

3.  The applicant states that he was awarded the MSM on 14 August 2001 after he was discharged.  He submits in support of his request a copy of an approved DA Form 638 (Recommendation for Award) of the MSM; a copy of his DA Form
4980-12 (MSM Certificate), dated 9 April 2001; and a copy of his DD Form 214.

4.  The applicant’s military records show that he enlisted in the Army National Guard (ARNG) on 28 January 1988.  He was ordered to active duty for training from 7 July 1988-18 November 1988.  On 3 August 1989, he was honorably discharged.

5.  On 4 August 1989, he enlisted in the Regular Army and served until he was honorably discharged on 27 December 2000.  He served in military occupational specialty (MOS) 91B (Medical Noncommissioned Officer (NCO)).  

6.  The applicant's DD Form 214, Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows that he was awarded the Army Commendation Medal (3rd Award); the Joint Service Achievement Medal; the Army Achievement Medal (3rd Award); Army Good Conduct Medal (3rd Award); the National Defense Service Medal; Armed Forces Expeditionary Medal (Panama); the Armed Forces Expeditionary Medal (Operation Uphold Democracy); the South West Asia Service Medal; the Humanitarian Service Medal; the NCO Professional Development Medal with numeral two; the Army Service Ribbon; the Kuwait Liberation Medal; the Kuwait Liberation Medal (Saudi Arabia); the Meritorious Unit Award (3rd Award); the Valorous Unit Award; the Army Superior Unit Award (2nd Award); the Master Parachutist Badge; the Air Assault Badge; the Senior Aircraft Crewman Badge; the Expert Badge (Rifle) and the Expert Badge (Pistol).

7.  The DA Form 638 that the applicant submitted shows that the recommendation for award of the MSM was initiated on 6 March 2001.  On 9 March 2001, his intermediate commander approved the recommendation and the approval authority approved the recommendation.  On 2 May 2001, Headquarters, United States Army Special Operations Command, Fort Bragg North Carolina, issued Permanent Order Number 099-6 awarding the applicant the MSM.  The order is not available. 

8.  On 9 April 2001, the applicant was issued the MSM Certificate for exceptionally meritorious service as the Medical Section NCO-in-charge while assigned to 3rd Battalion from 1 August 1989 to 1 January 2001.

9.  The applicant's DD Form 214 does not show the MSM as an authorized award because it was approved after he was discharged.

10.  The MSM was established by Executive Order 11448, 16 January 1969, as amended by Executive Order 12312, 2 July 1981.  It is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation who, while serving in a non-combat area after 16 January 1969, has distinguished himself or herself by outstanding meritorious achievement or service.

CONCLUSIONS:

1.  The applicant has presented a copy of his MSM Certificate and a copy of the approved recommendation for award of the MSM.  Evidence available shows that award of the MSM was announced in orders.  Therefore, the Board, as an exception to policy, authorizes the applicant's MSM to be shown on his DD Form 214.

2.  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 issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the MSM.

BOARD VOTE:  

_JL_____  __RJW__  __RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    _George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR2001061813	
SUFFIX		
RECON	 	
DATE BOARDED	20020226	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20011227	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0017	
2.		
3.		
4.		
5.		
6.