PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:          21 OCTOBER 2003                   
	DOCKET NUMBER:  AR2003086991

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		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 that his 15 January 1998 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Legion of Merit and the New York State Conspicuous Service Cross award.

3.  The applicant states that both awards were signed and presented to him after his retirement on 16 January 1998.  The Legion of Merit was presented to him on 26 March 1998 and the New York State Conspicuous Service Cross Medal certificate was signed on 27 August 1998.

4.  The applicant’s military records show that the applicant retired because of a permanent disability on 15 January 1998.  He was a lieutenant colonel with over 20 years of active service.  His DD Form 214 does not reflect the requested awards. 

5.  Orders published by Headquarters, Department of the Army Military Personnel Service Center, dated 20 March 1998, shows that the applicant was awarded the Legion of Merit for exceptionally meritorious service from 15 July 1994 to 15 November 1996 while serving as Deputy Project Manager, Integrated Logistics Systems, and Product Manager, Standard Army Retail Supply System.

6.  On 28 August 1998 the State of New York, Division of Military and Naval Affairs, notified the applicant that he had been awarded the New York State Conspicuous Service Cross.  The accompanying certificate shows that the Governor of New York conferred the award upon the applicant. 

7.  Army Regulation 635-5 provides for the preparation of the DD Form 214 and states that the DD Form 214 is a summary of a soldier's most recent period of continuous active duty.  It states that all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be listed.      

8.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  It states in pertinent part, that decorations are awarded primarily to military personnel for services performed while in active Federal military service.  It lists the decorations authorized and the order of precedence.  Awards by state authorities are not listed.  

CONCLUSIONS:

1.  The Legion of Merit was awarded to the applicant for his meritorious service while on active duty.  That award should be reflected on his DD Form 214.

2.  Only those awards listed in Army Regulation 600-8-22 are authorized to be listed on the DD Form 214.  As with all state awards, the New York State Conspicuous Service Cross is not a decoration listed in the regulation, and consequently, not authorized for inclusion on the DD Form 214. 

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Legion of Merit.

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

BOARD VOTE:  

__MHM__  __WDP _  __FCJ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melvin H. Meyer______
		        CHAIRPERSON

INDEX

CASE ID	AR2003086991	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031021	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.