PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 August 2002                   
	DOCKET NUMBER:   AR2002067146

	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. Melinda M. Darby		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Curtis L. Greenway		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 he be awarded the Air Medal (AM).

3.  The applicant states that he participated in Operation Just Cause (Panama) as Commander, 5th Public Affairs Detachment.  He was required to participate in numerous fixed wing and rotary wing aircraft flights escorting the media into hostile areas.  He believes his actions reflect meritorious achievement while participating in aerial flight.

4.  The applicant’s military records show that he enlisted in the Regular Army on 8 January 1980 and was honorably separated by reason of sufficient service for retirement on 31 October 2000.  In 1987, he was a staff sergeant assigned to Fort Ord, California.  On 1 June 1989, he was further assigned as Detachment Noncommissioned Officer (NCO), 5th Public Affairs Detachment.  This unit deployed with the 7th Infantry Division to Panama for Operation Just Cause.  The exact period of the unit's deployment is unknown; the official period of Operation Just Cause was 20 December 1989 to 31 January 1990.

5.  The applicant's DD Form 214 (Certificate of Release or Discharge From Active Duty) issued on 31 October 2000 reflects the following awards:  the Joint Service Commendation Medal (3rd award); the Army Commendation Medal (4th award); the Army Achievement Medal (2nd award); the Army Good Conduct Medal (6th award); the National Defense Service Medal; the Armed Forces Expeditionary Medal; the Armed Forces Service Medal; the Humanitarian Service Medal; the Noncommissioned Officer Professional Development Medal with numeral three; the Army Service Ribbon; the Overseas Service Ribbon; the United Nations Medal; the NATO Medal (2nd award) and the KOSOVO Campaign Medal.

6.  The applicant's Personnel Qualification Record also shows that he was awarded the Expert Marksmanship Badge (Rifle M-16). 

7.  Additionally, the applicant's record contains a copy of a completed DA Form 638 (Recommendation for Award) that shows he was approved for award of the MSM as a retirement award.  The DA Form 638 shows that on 4 May 2001, the applicant's former rater recommended that he receive award of the Legion of Merit (LOM).  On 10 May 2001, the intermediate authority approved the recommendation for award of the LOM.  On an unknown date, the senior intermediate authority recommended that the LOM be downgraded to a MSM.  On 30 May 2001, the approval authority approved the recommendation for award of the MSM.  On 3 July 2001, Headquarters, United States Army NATO, issued Permanent Order Number 184-01 awarding the applicant the MSM.  The order is not available.  The DA Form 638 shows that the applicant was awarded the MSM for exceptionally meritorious service from 1 November 1990-1 November 2000 while serving in several organizations.

8.  The applicant's DD Form 214 does not show the MSM as an authorized award because it was approved after he had been retired.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.  Available evidence shows that the applicant was approved for award of the MSM and that orders for the award were published.  It would now be appropriate to correct the DD Form 214 to show this award.

2.  Available evidence also shows that the applicant was awarded the Expert Marksmanship Badge (Rifle M-16). 

3.  Award of the Air Medal requires a formal recommendation, approval through the chain of command, and announcement in orders.  The applicant has not presented any definitive evidence, and the available records do not contain any evidence, to show that he was ever recommended and approved for award of the AM, or that orders were ever issued awarding the medal.  Therefore, there is insufficient evidence available to award the applicant the AM.

4.  In view of the foregoing, the applicant’s records should be corrected, but only, as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected showing that the individual concerned was awarded the MSM and the Expert Marksmanship Badge (Rifle M-16).

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

BOARD VOTE:  

__mmd___  __rwa___  __clg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Melinda M. Darby
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067146	
SUFFIX		
RECON		
DATE BOARDED	20020820	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0017	
2.	107.0018	
3.		
4.		
5.		
6.