IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090015797


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 the Board:

* Delete one Meritorious Service Medal from his DD Form 214 (Certificate of Release or Discharge from Active Duty)

* Add the Legion of Merit to his DD Form 214

2.  The applicant states his command recommended the Legion of Merit as a retirement award; however, he got the Meritorious Service Medal (3rd Oak Leaf Cluster).  After reconsidering, the approving authority granted the Legion of Merit.

3.  The applicant provides:

* His DD Form 21 showing no Legion of Merit but showing four awards of the Meritorious Service Medal

* Permanent Orders 192-2, Headquarters, U.S. Army Forces Command, dated 10 July 2008, awarding the Meritorious Service Medal

* A 2 July 2009 memorandum approving reconsideration of his retirement award (Legion of Merit)
* 


* Permanent Orders 173-2, Headquarters, U.S. Army Forces Command, dated 22 June 2009, revoking Permanent Orders 192-2 and awarding the Legion of Merit

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired lieutenant colonel.  His organization recommended a Legion of Merit retirement award, but the approving authority downgraded it to a Meritorious Service Medal.

2.  A year after retirement, the downgrade was reversed, the applicant was awarded the Legion of Merit, and orders awarding his retirement Meritorious Service Medal were revoked.

DISCUSSION AND CONCLUSIONS:

1.  A year after his retirement, the applicant was awarded the Legion of Merit, and orders awarding his retirement Meritorious Service Medal were revoked.  His DD Form 214 should be amended accordingly.

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:

* Deleting the Meritorious Service Medal (4th Award) from his DD Form 214 


* Adding the Legion of Merit and the Meritorious Service Medal (3rd Award) to his DD Form 214




      _______ _   _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)                                         AR20090015797





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ABCMR Record of Proceedings (cont)                                         AR20090015797



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