IN THE CASE OF: BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20200001771 APPLICANT REQUESTS: to be awarded the: * Meritorious Service Medal (MSM) * Soldier's Medal (SM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Sworn Statement * Letter of Appreciation dated 21 February 1991 * Letter of Appreciation dated 8 February 1991 * DA Form 638 (Recommendation for Award) dated 1 July 1996 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 19 August 1998 * Letter from Mr. S_ A_ * Email from Ms. A_ M_ * Letter from Ms. S_ F_ * Department of Veterans Affairs letter dated 15 May 2019 FACTS: 1. The applicant states that he has developed a service connected disability which resulted in him being separated from the Army. He was considered non-deployable and viewed with extreme negativity and personal prejudice by his chain of command which contributed his rated disability (mental status). He contests that he has an extensive history that supports his request to be awarded the MSM, to include eyewitness statements. He was also diagnosed with post-traumatic stress disorder (PTSD) in direct result of an incident that occurred while he was serving as a combat medic for which he should be awarded the SM. a. He has previously applied for this award through the United States Army Human Resources Command (HRC) but it was denied. In support of his application he provides that he was assigned to the 2nd Battalion 87th Infantry Regiment, 10th Mountain Division as a medic during the 1990 REFORGER exercise commonly known as “Centurion Shield” from January – February 1990, 2 months after the fall of the Berlin Wall. He was also assigned to the 110th Forward Support Battalion (FSB) and required to provide medical examinations for over 900 Soldiers in support of Operation Desert Storm. b. On or about August 1996 he was assigned to the 168th Medical Battalion, 18th Medical Command where he actively supported and participated in another military exercise referred to as “Ulchi Focus Lens” within South Korea. During this exercise he was required to perform data entry pertaining to military operations. 2. A review of the applicant’s available service records reflects the following: a. On 9 July 1987 he enlisted in the United States Army Reserve (USAR). b. On 14 October 1987 he enlisted in the Regular Army. c. On 25 April 1998 his commander provided a letter to the Physical Evaluation Board (PEB) wherein it is stated that the applicant has numerous counseling statements regarding his duty performance such as his failure to follow instructions, failure to supervise his Soldiers. His duty performance was rated as “marginal.” Due to his physical impairments he is no longer able to function and this condition prevents him from leading Soldiers. As such he recommended that the applicant be processed and separated through the disability system. d. On 12 June 1998 a Physical Evaluation Board was conducted finding him physically unfit for continued military service with a disability rating of 20%. There is no mention of PTSD. He was recommended for separation from the service with entitlement to severance pay. e. On 13 July 1998, he was reassigned to the United States Army Transition Point pending discharge on 19 August 1998. f. On 19 August 1998 he was honorably discharged from the Army with entitlement to severance pay. His DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 19 August 1998 shows his authorized awards are the: * Army Achievement Medal (7th Award) * Army Commendation Medal * Army Good Conduct Medal (3rd Award) * National Defense Service Medal * Expert Field Medical Badge 3. The applicant provides the following: a. Letter of Appreciation dated 8 February 1991 reflective of him being recognized by a Commander for his support in the call up mission requiring the processing of over 900 Soldiers transitioning onto active duty from the Individual Ready Reserve (IRR) in support of Operation Desert Sword. b. Letter of Appreciation dated 21 February 1991 reflective of the Battalion Commander’s action to forward letters of appreciation from the Division Surgeon's Office in recognition of his support to the IRR call up mission requirement. c. DA Form 638 (Recommendation for Award) dated 1 July 1996 reflective of him being recommended and approved for an Army Commendation Medal for service from 21 October 1995 through 20 October 1996. This award was presented as a Permanent Change of Station (PCS) award. d. Letter from Mr. S_ A_ reflective of his previous service with the applicant, specifically during Operation Centurion Shield in January 1990. e. Email from Ms. A_ M_ reflective of her recommendation for the applicant to receive the MSM. She provides that the applicant has been recognized for his exceptional meritorious service and performance while serving with the 10th FSB during the processing of hundreds of IRR Soldiers for possible deployment during the month of January 1991. During this period he demonstrated exceptional service, expertise and professionalism in the field. His integrity, maturity, and sound judgement earned him the respect and loyalty of those with whom he served. Ms. A_ M_ served with the applicant from 1989 through 1993 f. Letter from Ms. S_ F_ reflective of her account of an incident occurring at work wherein she encountered the applicant having some difficulties related to his behavior disorder. g. Department of Veterans Affairs letter dated 15 May 2019 reflective of his disability ratings for multiple conditions to include PTSD. 4. The applicant did not provide nor does a review of his available personnel records reflect previous recommendations for either the MSM or the SM. 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board found no evidence indicating the applicant was recommended for the MSM or the SM prior to his discharge. Each award would have required submission of a formal recommendation and approval through the chain of command, and the available evidence provides no evidence indicating his former chains of command would have endorsed approval of these awards. The Board determined the available evidence is insufficient as a basis for awarding him the MSM or the SM. 3. The applicant is advised that the Board's decision to deny relief in this case does not affect his rights under Title 10, U.S. Code, Section 1130, which waives time limitations submitting award recommendations when the recommendations are submitted through a member of Congress. Guidance on submitting a recommendation under this provision of law is available here: https://www.hrc.army.mil/content/Title%2010%20USC%201130%20Processing%20Guidance BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. AR 600-8-22 (Military Awards) prescribes Department of the Army (DA) policy, criteria, and administrative instructions concerning individual and unit military awards. Except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. Impact awards are rare and intended to recognize a single specific act or accomplishment, separate and distinct from regularly assigned duties, such as a special project. Impact awards are not intended to provide a means to authorize additional awards when the conditions for a completed period of service PCS or ETS have not been fulfilled. a. The Soldier’s Medal (SM) is awarded to any person of the Armed Forces of the United States or of a friendly foreign nation who, while serving in any capacity with the Army of the United States, including RC Soldiers not serving in a duty status, as defined in 10 USC 101(d), at the time of the heroic act, who distinguished himself or herself by heroism not involving actual conflict with an enemy. The extraordinary act must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. The heroism must have involved a clearly recognizable personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. A recommendation for a SM will be disapproved or downgraded to an Army Commendation Medal (ARCOM). b. The Meritorious Service Medal (MSM) is awarded to any service member of the Armed Forces of the United States or to any member of the armed forces of a friendly foreign nation who has distinguished himself or herself by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the MSM is authorized to be awarded only for meritorious service or achievement while serving in a noncombat area. If downgraded, an MSM recommendation will be downgraded to an ARCOM. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001771 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1