RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 February 2004
      DOCKET NUMBER:   AR2003090998


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Richard T Dunbar              |     |Member               |
|     |Ms. Linda M. Baker                |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests removal of a citation and orders, announcing
award of the Army Commendation Medal (ARCOM), 1st Oak Leaf Cluster (1OLC),
from her Official Military Personnel File (OMPF).

2.  The applicant states that the award of the ARCOM, 1OLC was originally
approved as a permanent change of station (PCS) award and that, due to an
involuntary extension, she did not PCS, nor was the award presented to her.

3.  The applicant provides a copy of Headquarters, US Army Maneuver Support
Center and Fort Leonard Wood, Fort Leonard Wood, Missouri Permanent Orders
Number 43-2, dated 12 February 2003, announcing award of the ARCOM (1OLC)
to the applicant.  She also provides a copy of MILPER Message Number 03-
120, announcing stabilization of Drill Sergeant positions.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military personnel records show that she is currently
serving on active duty as a Drill Sergeant, in pay grade E-6.  She was
assigned to her present position in B Company, 58th Transportation
Battalion, 3d Chemical Brigade, on 24 April 2001.

2.  A DA Form 638 (Recommendation for Award), recommending her for award of
the Meritorious Service Medal (MSM), was prepared by the applicant’s
immediate supervisor on 11 December 2002.  This recommendation, which was
to have been a PCS award covering the period 24 April 2001 to 1 May 2003,
was processed through the applicant’s chain of command.  Ultimately, the
recommendation was downgraded and approved as an ARCOM, 1OLC.  Permanent
Orders were published and a citation signed by the approval authority on
7 February 2003.  The applicant’s OMPF currently reflects this award.

3.  MILPER Message Number 03-120, effective 4 April 2003, announced that
all soldiers serving in Drill Sergeant positions would have their
stabilized tours extended from 12 to 24 months to 24 to 36 months.

4.  The staff of the Board conferred with the Chief, Personnel Actions
Branch, Fort Leonard Wood, and was advised that the award was not presented
to the applicant.  Rather, the approval authority revoked the award.  The
reason for the revocation was the stabilization of the applicant’s tour of
duty as a Drill Sergeant and subsequent cancellation of her PCS.  US Army
Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri
Permanent Orders Number 155-1, dated 4 June 2003, announced the revocation
of award of the ARCOM, 1OLC, to the applicant.

5.  The latest copy of the applicant’s OMPF contains a copy of the DA Form
638. The form reflects that the recommendation for the MSM was downgraded
to an ARCOM, 1OLC.  The OMPF also contains a copy of the accompanying
citation but does not contain a copy of the revocation orders.

6.  Army Regulation 600-8-22 (Military Awards) and Army Regulation 600-8-
104 (Military Personnel Information Management/Records) provide, in
pertinent part, that the DA Form 638 will be filed on the Performance (P)
Fiche of a soldier’s OMPF only if an award is downgraded or disapproved.
If an award is approved, as originally recommended, only the award
certificate will be filed in the OMPF (which will include the soldier’s
Social Security Number and the Permanent Orders data).

7.  Army Regulation 600-8-22 also provides, in pertinent part, that once an
award has been presented, it may be revoked by the awarding authority if
facts subsequently determined would have prevented original approval of the
award had they been known at the time.  The regulation further provides
that failure of the soldier to be reassigned or separated as originally
scheduled does not constitute grounds for revocation of an award which has
been presented.

DISCUSSION AND CONCLUSIONS:

1.  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.  There is no
indication in the OMPF that the award was later revoked.

2.  Evidence of record shows that the approval authority at Fort Leonard
Wood revoked the award due to cancellation of the applicant’s PCS.

3.  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.

4.  While the revocation was not in contravention with the provisions of
Army Regulation 600-8-22 (because the award was never presented), it would
appear to be in contravention of the intent of the regulation.

5.  It is evident that the presence of the DA Form 638, showing a
downgraded award that: (1) was never presented; and, (2) should not have
been revoked for the reasons cited, could be construed as derogatory to
future promotion and review boards and constitute an injustice.  Therefore,
the DA Form 638, the citation, and any other documentation pertaining to
award of the ARCOM, 1OLC, should be removed from the applicant’s OMPF.

BOARD VOTE:

___rtd___  ___jns__  ___lmb___  GRANT 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 DA Form 638, the citation, and any other documentation
pertaining to the award of the ARCOM, 1OLC, from the applicant’s OMPF.





            _________John N, Slone_____________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090998                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040210                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |