Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001066237C070421
Original file (2001066237C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 28 MARCH 2002
         DOCKET NUMBER: AR2001066237


         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
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Lester Echols Member
Mr. Thomas Lanyi 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 effect, that her 2001 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Legion of Merit and to delete her third award of the Meritorious Service Medal. In support of her request, she submits a copy of orders awarding her the Legion of Merit and revoking an earlier award of the Meritorious Service Medal.

3. Records available to the Board indicate that the applicant served on continuous active duty between May 1975 and May 2001.

4. Prior to her May 2001 retirement from active duty, the applicant was awarded a Meritorious Service Medal for the period 1 May 1991 to 1 May 2001. Orders confirming the award were published in October 2000. In September 2001 the applicant was awarded the Legion of Merit and the October 2000 orders awarding the applicant her third Meritorious Service Medal were revoked. The order is already reflected in her OMPF (Official Military Personnel File).

5. The applicant’s May 2001 DD Form 214 reflects award of three Meritorious Service Medal, which includes the October 2000 award. Her Legion of Merit is not reflected on the separation document.

6. Army Regulation 600-8-22 states, to ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award. When a higher award is approved, the approving authority will revoke the interim award in the same orders published for the higher award.

CONCLUSIONS:

1. The evidence confirms that the applicant was awarded her third Meritorious Service Medal as an interim award pending action on a Legion of Merit recommendation. The Legion of Merit was ultimately approved and the Meritorious Service Medal was appropriately revoked. Her records should be corrected accordingly.

2. 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 on her 2001 DD Form 214 that the individual concerned was awarded a Legion of Merit and two awards of the Meritorious Service Medal.

BOARD VOTE:

__FNE_ _ ___LE_ _ __TL ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn_____
                  CHAIRPERSON



INDEX

CASE ID AR2001066237
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020328
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060013296C070205

    Original file (20060013296C070205.doc) Auto-classification: Approved

    Donald Lewy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the Meritorious Service Medal award certificate, issued by the MNC-I (Multi-National Corps-Iraq) on 23 December 2005 be expunged from his OMPF (Official Military Personnel File). The evidence confirms that the applicant’s OMPF contain award certificates for a Meritorious Service Medal and a Bronze Star Medal, both awarded in...

  • ARMY | BCMR | CY2006 | 20060017310

    Original file (20060017310.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. The evidence of record shows that the applicant is entitled to award of the National Defense Service Medal for his honorable active service during the period 1 January 1961 through 14 August 1974. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2008 | 20080017470

    Original file (20080017470.txt) Auto-classification: Approved

    The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show an award of the Legion of Merit, a third award of the Meritorious Service Medal, the Army Commendation Medal, and the Armed Forces Expeditionary Medal. The applicant provides copies of his DD Form 214; certificate and orders for award of the Legion of Merit; certificate showing award of the Meritorious Service Medal for the period from 1 September 1991 to 30 April 1998; orders...

  • ARMY | BCMR | CY2008 | 20080013428

    Original file (20080013428.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of Distinguished Service Medal (DSM) and only one award of the Legion of Merit (LOM). A review of the applicant's Official Military Personnel File shows she was awarded the LOM (2nd Award) as an interim award at the time of separation for the purpose of retirement. This evidence is sufficient to correct her records to show this award.

  • ARMY | BCMR | CY2003 | 2003090998C070212

    Original file (2003090998C070212.doc) Auto-classification: Approved

    The applicant’s OMPF currently shows that she was recommended for award of a MSM and that the recommendation was downgraded by the approval authority and approved as an award of the ARCOM, 1OLC. Evidence of record shows that the approval authority at Fort Leonard Wood revoked the award due to cancellation of the applicant’s PCS. Evidence of record also shows that the ARCOM, 1OLC was never presented to the applicant, thus negating the reason for filing the DA Form 638 in her OMPF.

  • ARMY | BCMR | CY2008 | 20080014547

    Original file (20080014547.txt) Auto-classification: Denied

    Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant at the time of his REFRAD for retirement indicates that he was awarded the BSM and the ARCOM (2nd award). Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) provides in paragraph 12-17 that noncommissioned officers holding the rank of MSG at retirement, whose records show successful service as a 1SG, will be...

  • ARMY | BCMR | CY2001 | 2001057767C070420

    Original file (2001057767C070420.rtf) Auto-classification: Denied

    APPLICANT STATES : In effect, that he was presented the LOM on 9 November 2000, in connection with his 31 December 2000 retirement for length of service. The award was submitted in recognition of the applicant’s retirement from 29 years of service (of which 20 years was active duty) and was submitted by the Chief, Army Information Systems Division (a colonel). While it is apparent that an administrative error occurred when the applicant was prematurely presented the LOM by the recommending...

  • ARMY | BCMR | CY2005 | 20050001440C070206

    Original file (20050001440C070206.doc) Auto-classification: Approved

    In effect, the applicant requests that the order revoking the award of the Army Good Conduct Medal (1st award) be expunged from the Official Military Personnel File (OMPF). There is no evidence contained in the applicant’s Official Military Personnel File (OMPF) showing that he was disqualified for award of the Army Good Conduct Medal (1st award). | |DISCHARGE REASON | | |BOARD DECISION |GRANT | |REVIEW AUTHORITY | | |ISSUES 1.

  • ARMY | BCMR | CY2005 | 20050001440C070206

    Original file (20050001440C070206.TXT) Auto-classification: Approved

    In effect, the applicant requests that the order revoking the award of the Army Good Conduct Medal (1st award) be expunged from the Official Military Personnel File (OMPF). The applicant provides no evidence. There is no evidence contained in the applicant’s Official Military Personnel File (OMPF) showing that he was disqualified for award of the Army Good Conduct Medal (1st award).

  • ARMY | BCMR | CY2011 | 20110008426

    Original file (20110008426.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) by: * removing an "interim" Meritorious Service Medal (MSM) that was awarded to him by the Commanding General (CG), U.S. Army Civil Affairs and Psychological Operations Command (Airborne) (USACAPOC(A)) for the period 27 August 2007 to 31 August 2009 * rescinding the revocation of an MSM awarded by the CG, U.S. Army Reserve...