BOARD DATE:	  20 January 2011 

		DOCKET NUMBER:  AR20100017478 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any). 

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards:

* Meritorious Service Medal with 2nd Oak Leaf Cluster (3rd Award)
* Meritorious Unit Commendation for Company A, 2nd Battalion, 227th Aviation Regiment

2.  He states the awards were not completed or presented in time to be added to his DD Form 214 prior to his discharge.

3.  The applicant provides the following documents in support of his application:

* DA Form 4037 (Officer Record Brief)
* DA Form 638 (Recommendation for Award), dated 21 July 2008
* DA Form 4980-12 (Meritorious Service Medal Certificate), dated 12 August 2008
* Meritorious Unit Commendation Certificate, dated 19 August 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a warrant officer on 7 April 1983 after having prior enlisted service.

2.  His record contains a DA Form 4980-12 which shows he was awarded the Meritorious Service Medal for the period 29 October 1989 to 30 October 1999 under the authority of Permanent Order Number 222-2 issued by Headquarters, Eighth U.S. Army, on 10 August 1999.

3.  He submitted a copy of his Officer Record Brief, dated 22 July 2008, which shows:

* section VIII (Awards and Decorations) – Meritorious Service Medal (2nd Award)
* section IX (Assignment Information) – he was assigned to 2nd Battalion, 227th Aviation Regiment, from 10 August 2006 to 20 July 2008

4.  He submitted a copy of a DA Form 638 which shows he was awarded the Meritorious Service Medal with 2nd Oak Leaf Cluster under the authority of Permanent Order Number 225-005, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, dated 19 August 2008, for exceptionally meritorious service from 15 September 2006 to 31 August 2008.

5.  His DA Form 4980-12, dated 12 August 2008, shows he was awarded the Meritorious Service Medal for exceptionally meritorious service from 1 September 2006 to 31 August 2008 by Permanent Order 225-005.

6.  Department of the Army Meritorious Unit Commendation Certificate, dated 4 December 2008, shows Company A, 2nd Battalion, 227th Aviation Regiment, was cited for the award of the Meritorious Unit Commendation for the period 27 September 2006 to 1 December 2007.

7.  On 31 August 2008, he retired from active duty after completing a total of 23 years, 1 month, and 26 days of active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Meritorious Service Medal with 2nd Oak Leaf Cluster or the Meritorious Unit Commendation.

8.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the MSM with 2nd oak leaf cluster.  Therefore, the applicant’s records should be corrected to show this award.


2.  The evidence shows he was assigned to a unit that was awarded the Meritorious Unit Commendation during his tenure.  Therefore, his record should be amended to show this award.

BOARD VOTE:

__x____  ___x_____  __x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends the DD Form 214 of the individual concerned be corrected by adding the Meritorious Service Medal with 2nd Oak Leaf Cluster and Meritorious Unit Commendation to item 13.




      ___________x_______________
       	      CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100017478



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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