RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050017245


      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. Joyce Wright                  |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 his award certificate for the
Meritorious Service Medal (MSM) issued by Headquarters (HQs),
Combined/Joint Task Force (CTJF) – 76, for the period from 10 June 2001 to
1 June 2005, be removed from his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, he was awarded the MSM by Permanent
Orders Number 52-004, by Headquarters (HQs), 25th Infantry Division, for
the period from 10 June 2001 to 1 June 2005, and that this award
certificate, which is the correct certificate, has been placed on his OMPF.

3.  He also states, in effect, that he was initially issued an award
certificate for the MSM by HQs, CTJF – 76, for the same period and by the
same Permanent Orders, which is now considered an incorrect copy.  This
certificate was placed on his OMPF.  He was not in Afghanistan as part of
CJTF – 76 for these 4 years. He was awarded the Defense MSM (DMSM) for his
1-year (March 2004 to March 2005) as the CJTF76 CJ1 noncommissioned officer
(NCO).  The MSM covers the entire 4 years he was assigned to the 25th
Infantry Division

4.  The applicant provides a copy of his award certificate for the DMSM,
two copies of his award certificate for the MSM, and a copy of his DA Form
638 (Recommendation for Award).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he is currently serving on active
duty in the rank of sergeant first class (SFC/E-7).

2.  The applicant provides a copy of his award certificate which shows that
he was awarded the DMSM for exceptional meritorious service, for the Armed
Forces of the United States, on 5 February 2005.  His DMSM was issued by
HQ, CJTF-76 in Bagram, Afghanistan.  His OMPF currently shows this award
certificate.

3.  The applicant provides a copy of his DA Form 638, dated 21 February
2005, which shows that he was recommended for and was awarded the MSM, for
meritorious service, for the period 10 June 2001 to 1 June 2005, while
assigned to HHC, 25th Infantry Division.  The recommendation shows that
Permanent Orders 052-004 were issued by HQ, CJTF-76, in Bagram,
Afghanistan.


4.  The applicant provides a copy of an award certificate for the MSM
issued by Hqs, CTJF – 76, Permanent Orders 052-004, for the period 10 June
2001 to 1 June 2005.  He also provides a copy of an award certificate for
the MSM issued by HQ, HHC-DIV, Permanent Orders 52-004, for the same period
of service.
His OMPF currently shows both award certificates.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel
File, the Military Personnel Records Jacket, the Career Management
Individual File, and Army Personnel Qualification Records.  Paragraph 2-4
of this regulation states that once a document is placed in the Official
Military Personnel File it becomes a permanent part of that file and will
not be removed from that file or moved to another part of the file unless
directed by the proper authorities listed in the regulation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that applicant was awarded the MSM for meritorious
service for the period 10 June 2001 to 1 June 2005 while assigned to HHC,
25th Infantry Division.  This award was made by Permanent Orders 052-004
and issued by HQ, CJTF-76, in Bagram, Afghanistan.

2.  The evidence also shows that two MSM award certificates were published
for the same period of service by two different issuing authorities.
However, the first award certificate published by Permanent Orders Number
052-004 issued by Hq, Combined/Joint Task Force (CJTF) – 76 was in error.
The applicant alleges that he was not in Afghanistan as part of CJTF-76 for
4 years.  A second award certificate was prepared to award him the MSM with
the same period of service and it was published by Permanent Orders Number
52-004 and was issued by HQ, 25th Infantry Division.  This was the
correctly issued order for this award.

3.  Since the applicant's OMPF already contains the correct award
certificate for the MSM, published by HQ, HHC, DIV, Permanent Orders 52-
004, for the period 10 June 2001 to 1 June 2005, the additional award
certificate for the MSM, published by HQ, CJTF-76, Permanent Orders 052-
004, no longer serves purpose and should be expunged from his OMPF.  It
would now be equitable and just to remove the award certificate for the MSM
published by HQ, CJTF-76, Permanent Orders 052-004 from the applicant's
OMPF.





BOARD VOTE:

_RJF____  __WDP_  __TMR __  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
expunging the award certificate for award of the MSM, for the period
10 June to 1 June 2005, published by HQ, CTJT-76, by Permanent Orders
Number        052-004, from the applicant's OMPF.




                                  ____William D. Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017245                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |ACTIVE DUTY                             |
|DISCHARGE AUTHORITY     |AR . ACTIVE DUTY                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |123                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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