RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          25 January 2005
      DOCKET NUMBER:  AR2004105768


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderhom             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      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, in effect, that the Meritorious Service Medal
(MSM) shown on his DD 214 (Certificate of Release or Discharge from Active
Duty), issued on 16 April 1998, be deleted.

2.  The applicant states, in effect, that initially he was recommended for
award of the MSM for the period of service from 22 July 1994 to 1 June
1997.  The recommendation was downgraded to an ARCOM and that award was
approved.  On 16 April 1998, he was separated from the Regular Army
(enlisted service) to accept a commission.  His DD Form 214, issued on this
date shows award of the MSM and the ARCOM for the same period of service.
He requests that the MSM be deleted.

3.  The applicant provides in support of his request a:

      a.  DD Form 214, issued for the period from 26 July 1990 to 16 April
1998.

      b.  A DA Form 638 (Recommendation for Award) dated 10 February 1997,
from Headquarters and Headquarters Company, 716th Military Intelligence
(MI) Battalion, Fort Meade, Maryland.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows that he enlisted in the Regular
Army on 26 July 1990.  He served in an enlisted status until he was
honorably separated on 16 April 1998 following successful completion of
Officer Candidate School.  He accepted a commission on 17 April 1998.  He
is currently serving on active duty as a captain.

2.  Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214, dated 16 April 1998,
shows that he was awarded the MSM, ARCOM, Good Conduct Medal (2nd award),
Army Achievement Medal (2nd award), and the Army Service Ribbon.

3.  The DA Form 638 provided by the applicant shows that on 10 February
1997, the applicant's supervisor (a master sergeant) recommended him for
award of the MSM for the period of service from 22 July 1994 to 1 June
1997.  On 3 March 1997, both the applicant's unit commander (a captain) and
the battalion commander (a lieutenant colonel) recommended approval.  On 17
March 1997,
the final approval authority (a colonel) disapproved the recommendation for
award of the MSM and granted award of the ARCOM.  On 19 March 1997, the
Adjutant, Headquarters, 902nd MI, Group, Fort Meade, Maryland issued
Permanent Order Number 73-02 for award of the ARCOM.

4.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the Good Conduct Medal, service medals and service ribbons, combat
and special skill badges and tabs, unit decorations, and trophies and
similar devices awarded in recognition of accomplishments.  It provides
that:

      a.  The MSM was established by Executive Order 11448, 16 January 1969,
as amended by Executive Order 12312, 2 July 1981.  It is awarded to any
member of the Armed Forces of the United States, or to any member of the
Armed Forces of a friendly foreign nation who, while serving in a noncombat
area after 16 January 1969, has distinguished himself or herself by
outstanding meritorious achievement or service.

      b.  The ARCOM may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

      c.  For meritorious service awards, the cited period is limited to
the period of service during which the individual served under the
recommending command. Only one decoration will be awarded to an individual
for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  1.  The available evidence shows that, on 10 February 1997, the
applicant was recommended for award of the MSM for the period of service
from 22 July 1994 to 1 June 1997.  On 17 March 1997, the final approval
authority disapproved award of the MSM and awarded the applicant the ARCOM.
 On 19 March 1997, Permanent Order Number 73-02 awarded the applicant the
ARCOM.

2.  The applicant's DD Form 214, issued on 16 April 1998 shows award of
both the MSM and the ARCOM for the same period of service.  Only one award
may be issued for a given period of meritorious service.
3.  Therefore, it would be appropriate to correct the applicant's DD Form
214, issued on 16 April 1998, by deleting the MSM.

BOARD VOTE:

__kan___  __jea___  __lmd___  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 MSM from the individual's DD Form 214 issued on 16 April 1998.



                 Kathleen A. Newman
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105768                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050125                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |134.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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