PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 June 2003
	DOCKET NUMBER:   AR2003086596

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Frank C. Jones, II		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, in effect, that the Meritorious Service Medal, (First Oak Leaf Cluster) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that Block 12f (Foreign Service) of his DD Form 214 be corrected to show the time he spent in Korea and in Germany.

3.  The applicant states, in effect, that he served in Korea from 9 December 1974 through 5 January 1976 and in Germany from 17 July 1977 through 17 July 1980 and this time has not been included in Block 12f of his DD Form 214.

4.  The applicant submitted a copy of a citation awarding him the Army Commendation Medal and a Certificate of Appreciation awarded him for his service with the 728th Military Police Battalion in Korea, and a copy of the DA Form 638-1 recommending award of the Meritorious Service Medal (First Oak Leaf Cluster), as well as a copy of the approved awards certificate.

5.  The applicant’s military records show that he enlisted in the Regular Army on 29 July 1974.  He served through a series of enlistments and on 24 February 1982 he was honorably discharged for the purposes of accepting an appointment as a warrant office in the Army of the United States.  The applicant was called to active duty as an Army Warrant Officer, Automotive Maintenance Technician, on 25 February 1982.

6.  The applicant was honorably separated on 31 July 1994 in the rank and pay grade, Chief Warrant Officer Three, W3, for the purposes of retirement.  The 
DD Form 214 he was issued on his separation from active duty shows, in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), that during his Army service, he was awarded:  the Meritorious Service Medal; the Army Commendation Medal (3 Oak Leaf Clusters); the Army Achievement Medal (1 Oak Leaf Cluster), the Noncommissioned Officer Professional Development Ribbon (Primary), the Good Conduct Medal (2nd Award), the National Defense Service Medal (with 1 bronze service star), Army Service Star, Overseas Service Ribbon (4), and the Driver and Mechanic Badge.  

7.  The applicant was awarded the Meritorious Service Medal, for the period 14 October 1982 through 27 May 1985, on Permanent Orders 100-4, published by Headquarters, VII Corps, on 31 July 1985.  The Meritorious Service Medal is shown in Block 13 of the applicant's DD Form 214.

8.  The applicant was awarded the Meritorious Service Medal (1st Oak Leaf Cluster) for exceptionally meritorious service during the period from 1 August 1984 through 1 August 1994, on Permanent Orders 40-1, published by 

Headquarters 61st Ordnance Brigade, US Army Ordnance Center and School on 18 April 1994.  The Meritorious Service Medal (1 Oak Leaf Cluster) is not shown on the applicant's DD Form 214.

9.  Block 12f (Foreign Service) shows that the applicant served 5 years and 11 months during the period of service covered in block 12c of the DD Form 214.

10.  The applicant's Officer Record Brief shows that during the period from 24 February 1982 through 31 July 1994, the period covered by the DD Form 214, the applicant served two overseas tours of duty in Germany.  He served a tour, which ended on May 1985 of 31 months duration, and a second tour, which ended in December 1991, of 40 months duration.  Block 12f, of the applicant's DD Form 214, shows a total of 5 years and 11 months foreign service.

11.  The applicant's Officer Record Brief shows that he was awarded, among other awards, the Army Service Ribbon (ASR-01).

12.  Army Regulation 635-5, in effect at the time, and supplemented by Interim Change No. 1 dated 2 October 1989, establishes the policies and procedures for completion and distribution of the DD Form 214.  This regulation provides that, in pertinent part, the total amount of foreign service completed during the period covered in Block 12c of the DD Form 214 will be entered.  This policy and procedure has been carried over to Army Regulation 635-5 currently in effect.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Meritorious Service Medal and the Meritorious Service Medal, (First Oak Leaf Cluster).  Only the Meritorious Service Medal is shown in Block 13 of the applicant's DD Form 214.  It would be appropriate to add the Meritorious Service Medal (First Oak Leaf Cluster) to the applicant's DD Form 214 at this time.

2.  It is believed the Army Service Ribbon is incorrectly shown as the Army Service Star in Block 13 of the applicant's DD Form 214.  It would be appropriate to make a correction and that the Army Service Star be correctly identified as the Army Service Ribbon at this time.

3.  The foreign service performed by the applicant in Korea from 9 December 1974 through 5 January 1976 and in Germany from 17 July 1977 through 17 July 1980 was served outside the period covered by the DD Form 214, therefore, a correction is neither recommended nor required.

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

RECOMMENDATION:

1.  That all Department of the Army records related to this case be corrected by: 

a.  deleting the Meritorious Service Medal and the Army Service Star from Block 13, DD Form 214; 

b.  adding the already-awarded Meritorious Service Medal (First Oak Leaf Cluster) to the applicant's DD Form 214; and 

c.  correctly identifying the Army Service Star as the Army Service Ribbon and adding it to Block 13 of the applicant's DD Form 214.

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

BOARD VOTE:  

__mkp___  __reb___  __fcj___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003086596	
SUFFIX		
RECON		
DATE BOARDED	20030624	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0017	
3.		
4.		
5.		
6.