PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 May 1999       
	DOCKET NUMBER:   AR1999022325

	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. Loren G. Harrell		Director	
	Mr. Richard H. Allen .		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms Meta Waller		Member	
	Mr. Kenneth L. Wright		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 essence, addition of the award of an Army Achievement Medal (AAM) to his military records and his 
DD Form 2l4 (Certificate of Release or Discharge from Active Duty), issued on 
18 October l996.

3.  The applicant states that he was awarded a Meritorious Service Medal (MSM) and the AAM shortly before his separation from active duty in October l996.  He does not have a copy of the approved award nor is the AAM shown on his 
DD Form 2l4.  However, he submits two photographs showing him receiving the two awards from Mrs. Sara E. Lister, then the Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA (M&RA)).   

4.  The applicant’s military records show that he served on active duty as an Army Reserve (USAR) officer, Captain, Judge Advocate General Corps, from 
1 July l990 through 18 October l996.  His last assignment was as a legal advisor to the ASA (M&RA).   

5.  On 16 July l996, Mrs. Lister approved the award (DA Form 638-Recommendation for Award) of the MSM to the applicant, which was confirmed by issuance of Permanent Order 199002, Headquarters, Department of the Army-Military Personnel Center, dated l7 July l996.  A copy of the approved DA Form 638 was provided to the Board by the Office of the ASA (M&RA).  However, no copy of an approved award document for the AAM could be found.

6.  The applicant was released from active duty and transferred to the USAR Control Group (Reinforcement) on 18 October l996.  His DD Form 2l4, in 
item 13 (Decorations) shows that he received the MSM, the Army Commendation Medal (two awards), the National Defense Service Medal and the Army Service Ribbon. 

7.  The applicant is currently serving at Fort Dix, New Jersey in an Army Guard/Reserve status (essentially an active duty assignment) and has been promoted to the rank of major.  

8.  The former Executive Officer of the ASA (M&RA) was contacted by the staff of the Board.  He confirmed to the Board that an AAM had been approved for award to the applicant for a specific high-level research project involving the setting aside of military tribunal conviction of a civilian physician in connection with the assassination of President Lincoln in l865.  He stated that the AAM was approved at the same time that the MSM was approved and awarded.  He recommends approval of the applicant’s request.

9.  The above cited advisory opinion was provided to the applicant who responded that he had received the opinion and agreed with it.  He cited several other high-interest projects with which he was involved at the same time for the ASA (M&RA).

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  Unit orders are issued showing approval of the award.   

CONCLUSIONS:

1.  The Board notes the photographs showing the award of the MSM and the AAM to the applicant by the ASA (M&RA).

2.  The Board also notes the advisory opinion provided by the former Executive Officer to the ASA (M&RA) who confirms the approval of the award. 

3.  Notwithstanding the absence of the approved award document (a DA Form 638) or orders authorizing the award of the AAM, the Board concludes that authorization should be issued, as an exception to normal policy, showing approval of the award of the AAM, on or about l6 July l996, and that this approval of the award be added to the applicant’s official military personnel file (OMPF) and that a DD Form 2l5 (Correction to DD Form 2l4) be issued showing the award.

4.  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 that:

	a.  the award of the AAM to the individual concerned was approved by the ASA (M&RA) on 16 July l996;

b.  that a certificate of award be added to his OMPF showing that the AAM was approved on 16 July l996 by the ASA (M&RA) and that he is authorized to wear the decoration on his military uniform; and

c.  that a DD Form 2l5 (Correction to DD Form 2l4) be issued showing the award of the AAM.  

BOARD VOTE:  

__MW __  _KLW____  __ELW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR 1999022325	
SUFFIX		
RECON		
DATE BOARDED	19990527	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.