IN THE CASE OF:	  

		BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090011949 


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 that a Meritorious Service Medal (MSM) certificate be removed from his Official Military Personnel File (OMPF).

2.  The applicant states he was issued two MSM certificates.  Both certificates are for the period 24 July 2003 to 10 January 2009 and show the authority for the award as Permanent Order A-309-5.  The first certificate does not have the correct narrative and needs to be deleted from his OMPF.  The second MSM certificate has the correct narrative.  He has attempted to have the first MSM certificate removed from his records and has been told that since the two MSM certificates are not duplicates (identical), the first MSM certificate cannot be removed from his OMPF.

3.  The applicant provides the two MSM certificates.  The second MSM certificate shows the applicant serving as a platoon sergeant, S2 noncommissioned officer (NCO) in charge, and senior operations sergeant.  The first MSM certificate shows the applicant serving as the S2 NCO in charge.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 20 August 1991, served through reenlistments and extensions of his enlistment, and was promoted to pay grade E-8.

2.  The applicant was given an NCO Evaluation Report (NCOER) for the period covering 1 November 2007 through 31 October 2008.  In that NCOER his principal duty title was listed as operations NCO.  This NCOER does not mention anything about the applicant performing duties as a platoon sergeant.

3.  The applicant was given an NCOER for the period covering 1 November 2006 through 31 October 2007.  In that NCOER his principal duty title was listed as operations NCO.  This NCOER does not mention anything about the applicant performing duties as a platoon sergeant.

4.  The applicant was given an NCOER for the period covering August 2005 through March 2006.  In that NCOER his principal duty title was listed as platoon sergeant.

DISCUSSION AND CONCLUSIONS:

1.  While it is obvious that one MSM certificate is erroneous and should be removed, what is not obvious is which MSM certificate is erroneous.

2.  The MSM certificate he contends is valid has his earlier platoon sergeant duty position mentioned, which the other MSM certificate does not.

3.  Since the applicant's NCOER verifies that he served as a platoon sergeant during the time covered by the MSM, the applicant's word is accepted that the MSM certificate which shows that he served as a platoon sergeant is the proper certificate.  It would be proper to now remove the erroneous MSM certificate.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 

removing the MSM certificate for the award issued under the authority of Permanent Order A-309-5, which does not mention the applicant's duties as a platoon sergeant (the certificate marked "Needs to be removed from OMPF").




      _______ _  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)                                         AR20090011949





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ABCMR Record of Proceedings (cont)                                         AR20090011949



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