PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 January 2003
	DOCKET NUMBER:   AR2002076773

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		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 he be promoted to the pay grade of E-7 effective the date of his retirement and that he be given a retirement award of the Meritorious Service Medal (MSM).

3.  The applicant states that he was selected for promotion to the pay grade of  E-7 during his medical retirement processing and was unable to be promoted to that rank.  He goes on to state that had he not been processed for medical retirement, he could have been promoted.  He believes that in the interest of fairness and justice he should have been promoted.  Additionally, he desires to receive a retirement award of the MSM at the same time.

4.  The applicant’s military records show that he initially enlisted in the Regular Army on 15 January 1981 and served as a helicopter repairman until he was honorably released from active duty in the pay grade of E-4 on 12 January 1984. He again enlisted in the Regular Army on 20 May 1987 for training as a Veterinary Food Inspection Specialist and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 1 November 1992.

5.  On 7 September 1998, while stationed in Vilseck, Germany, a medical evaluation board determined that the applicant’s medical condition should be referred to a physical evaluation board (PEB).  On 23 November 1998, a PEB convened at Walter Reed Army Medical Center, Washington, D.C. and recommended that he separated from the service with a 20% disability rating and severance pay.  The applicant did not concur with the findings and recommendations and was granted a formal hearing in his case.

6.  The applicant appeared before the PEB with counsel on 13 April 1999 and was granted a 30% disability rating and placement on the Temporary Disability Retired List (TDRL).

7.  Orders were published on 25 May 1999 directing his placement on the TDRL effective 25 August 1999.  His records show that on 16 July 1999 orders were published and a certificate was issued which awarded the applicant the MSM for the period of 20 May 1989 to 21 May 1999.  

8.  On 25 August 1999, he was placed on the TDRL.  He had served 15 years, 3 months and 4 days of total active service.  A review of his report of separation (DD Form 214) issued at the time fails to show that he was awarded the MSM.

9.  On 27 December 2000, the applicant was placed on the Permanent Disability Retired List (PDRL) with a combined disability rating of 30%.

10.  In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Promotions Branch which opined that the applicant was considered by the Calendar Year 1997, 1998 and 1999   E-7 Selection Boards and was not selected by any of those boards.  There is no record of him being on a promotion standing list for E-7.  The advisory opinion was provided to the applicant for comment and to date no response has been received.   The staff of the Board also reviewed his records and found no indication that he had ever been selected for promotion to the pay grade of E-7.

11.  Army Regulation 600-8-22 serves as the authority for decorations and awards.  It provides, in pertinent part, that each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility and manner of performance.  Meritorious service awards may be awarded upon retirement , which may include periods of service longer than that served in the recommending command.  It is recommended that such period be limited to the last 10 years of service.

CONCLUSIONS:

1.  The applicant’s contention that he was selected for promotion to the pay grade of E-7 is not supported by either the evidence submitted with his application or the evidence of record.  Accordingly, absent evidence to the contrary, there is no basis to promote him at this time.

2.  In regards to the applicant’s request to receive a retirement award of the MSM, the evidence of record shows that a retirement award was issued to the applicant in July 1999, just prior to his retirement.  However, the award of the MSM was not included on his DD Form 214, therefore, the Board finds that it would be in the interest of justice to do so at this time. 

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 MSM.

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

BOARD VOTE:  

___mkp _  ___jlp___  __mb____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2002076773	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/01/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000/PROM	
2.  189	110.0000/CORR 214	
3.  63	107.0017/MSM	
4.		
5.		
6.