IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110018076


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 his official military personnel file (OMPF) be purged of misleading information.

2.  The applicant states:

* he served in Afghanistan during Operation Enduring Freedom (OEF) X
* he was awarded a Meritorious Service Medal (MSM) for meritorious service
* his command identified the MSM was in error and resubmitted and approved award of the Bronze Star Medal (BSM) for meritorious service for the same period, revoking the MSM
* revocation orders for the MSM were filed in his OMPF and the MSM Certificate was removed
* he feels a promotion/school board might get the wrong idea about the revocation orders

3.  The applicant provides:

* his MSM Certificate, dated, 9 September 2010, showing Permanent Order Number 252-067
* Permanent Orders 305-021, Headquarters, Regional Command-East, Bagram, Afghanistan, dated 2 November 2010, revoking the MSM
* his BSM Certificate, dated 11 November 2010, showing Permanent Order Number 305-022

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army sergeant first class/E-7.  He deployed to Afghanistan for OEF X.

2.  The applicant's command recognized his meritorious service for the period 22 November 2009 to 22 November 2010 by awarding him the MSM on 9 September 2010.  On 2 November 2010, Permanent Orders 305-021 revoked the MSM.  On 11 November 2010, he was awarded the BSM for meritorious service for the period 22 November 2009 to 22 November 2010.  The MSM Certificate was either removed from or never posted to his OMPF; however, Permanent Orders 305-021 were posted to his OMPF.

3.  Army Regulation 600-8-105 (Military Orders) prescribes the policies and mandated operating tasks for the orders program of the Military Personnel System.  It establishes standards and provides an operational document in a logical sequence.  Format 705 (Revocation or Rescission of Orders) is the correct format for revoking or rescinding orders.

4.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged In military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

	b.  The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a non-combat area.  After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is concerned that Permanent Orders 305-021 revoking the MSM may be misconstrued by boards.

2.  The applicant performed meritoriously in Afghanistan, a combat area.  His command originally recognized that service with an MSM; however, it later revoked the MSM in favor of BSM for meritorious service.  The revocation orders are contained in the applicant's OMPF.

3.  The revocation orders give no reason for revoking the MSM.  Army Regulation 
600-8-105, format 705, does not permit a reason to be annotated in revocation or rescission orders.

4.  In the interest of justice, it would be appropriate to remove the revocation orders from the applicant's OMPF since they cannot be modified to include a reason.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 removing Permanent Orders 305-021 from his 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)                                         AR20110018076



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ABCMR Record of Proceedings (cont)                                         AR20110018076



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