PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            6 April 2000
	DOCKET NUMBER:   AR1999032415

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Wilcher 		Member	
	Mr. James E. Anderholm		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 correction of his records to show a second award of the Legion of Merit and award of the United Nations Medal.

3.  The applicant states that these awards were processed after he had retired.  In support of his application, he provided a copy of orders for the Legion of Merit and a certificate showing award of the United Nations Medal.

4.  The applicant’s military records show that he was separated from active duty on 31 October 1997 by reason of retirement after a distinguished military career spanning over 29 years.

5.  The applicant received his first award of the Legion of Merit based on Headquarters United States Army Europe and Seventh Army Permanent Order 50-1, dated 1 April 1988.  The applicant provided a DA Form 638 (Recommendation for Award) which shows that he was awarded the Legion of Merit (First Oak Leaf Cluster) by Headquarters United States Army Europe and Seventh Army Permanent Order 351-8, dated 17 December 1997.

6.  The applicant presented a certificate showing that he was awarded the United Nations Medal for his service with the United Nations Preventive Deployment Force in the former Yugoslav Republic of Macedonia from 25 March 1996 to 14 June 1997.  The certificate was authenticated by the United Nations force commander, a Brigadier General.

7.  Army Regulation 600-8-22 states, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty or assignment and experience of an individual is not an adequate basis for this award.  In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Legion of Merit.

8.  Army Regulation 608-22 (Military Awards) and MILPER Message Number 94-137 (with a date/time group of 041530Z February 1994) provided for award of the United Nations Medal for participation in one or more of the following six United Nations Operations (United Nations Transitional Authority in Cambodia, United Nations Advance Mission in Cambodia, United Nations Protection Force in Yugoslavia, United Nations Mission for the Referendum in Western Sahara, the United Nations Iraq/Kuwait Observation Group and the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members)).  The United Nations Medal is award is awarded by the Secretary-General of the United Nations and is categorized as a NON-U.S. Service Medal.  The certificate issued by the Unit Nations constitutes award of the United Nation Medal.  Participation in the operation does not automatically qualify the individual for the United Nations Medal and the service member must have been presented the medal by a representative of the Secretary-General.

CONCLUSIONS:

1.  Orders show the applicant received a second award of the Legion of Merit; therefore, he is entitled to correction of his records to show award of the Legion of Merit (First Oak Leaf Cluster).

2.  Evidence of record shows the applicant was awarded the United Nations Medal for his participation as member of the United Nations Protection Force in Yugoslavia.  Therefore, he is entitled to correction of his records to show award of the United Nations Medal.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Legion of Merit (First Oak Leaf Cluster) and the United Nations Medal.

BOARD VOTE:  

__JNS__  __EMW__  __JEA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			 John N. Slone  
		        CHAIRPERSON

INDEX

CASE ID	AR1999032415	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000406	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19971031	
DISCHARGE AUTHORITY	AR 635-100	
DISCHARGE REASON	RETIREMENT	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER 	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.