RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060004786


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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, removal of a Meritorious Service
Medal (MSM) certificate, Permanent Orders Number 03-347, dated 13 December
2003.

2.  The applicant states that upon reviewing his Official Military
Personnel File (OMPF) he saw two entries on his records that were added in
2003 and 2004, after his retirement.  The one document in question, he
states, is an award document that was added in 2004.  He maintains that if
his former Commander wanted to give him an award, the award should have
been completed prior to his retirement, and not years later and without his
knowledge.

3.  The applicant provides a listing of his online records, MSM
certificate, orders, and DD Form 214 (Certificate of Release or Discharge
from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he retired from the United States Army
Reserve in the grade of Colonel on 31 January 2001.

2.  Orders C-07-70123, dated 11 July 2000, attached the applicant to the
United States Transition Point, Fort Monmouth, New Jersey, with a reporting
date of     31 January 2001.  This order was later amended to change his
reporting date to 11 January 2001.

3.  Item 13 "Decorations, Medals, Badges, Citations and Campaigns Ribbons
Awarded or Authorize" on the applicant’s DD Form 214 lists the MSM (3rd
Award).

4.  The certificate shows that on 13 December 2003, the applicant was
awarded the MSM for a distinguished 30-year career.  The period of award is
listed as
1 February 1991 to 1 February 2001.

5.  The applicant’s copy of his online OMPF shows that the award
certificate was added to his file on 1 November 2004.

6.  In the processing of this case, an advisory opinion was obtained from
the Personnel Electronic Records Management System (PERMS) Division.  On
    8 May 2006, PERMS stated that once a document is placed in the OMPF,
the document becomes a permanent part of the file.  The document will not
be removed from the fiche or moved to another part unless directed by the
Army Board of Correction of Military Records (ABCMR) or the OMPF custodian
confirms the document is improperly filed.  Therefore, PERMS stated that it
is their opinion and position to deny the applicant’s request for removal.
The advisory opinion was forwarded to the applicant for his acknowledgement
and/or rebuttal.

7.  On 1 September 2006, the applicant responded to the advisory opinion
rendered by the PERMS Division.  The applicant said that he had two
concerns:  He was not given the award at the time of his retirement and the
preparation of the award prevented it from being included on his DD Form
214.  The applicant said that if the award was to remain in his file, he
requests the original award with orders, a proper military presentation of
the award, and the award be added to his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  The same regulation states that awards pertaining to individuals who
have been retired or separated from the service will be sent to their
forwarding address upon retirement or separation.  In instances where this
information is not known, the award elements will be forwarded to
Commander, ARPERCEN, St. Louis.

10.  Additionally, Army Regulation 600-8-22 requires that the Permanent
Orders number and date be placed on the line on the left side of the award
certificate. (Example: PO 1-99, 1 Jan 93.)

DISCUSSION AND CONCLUSIONS:

1.  It is unfortunate that the applicant was not recognized for his
accomplishments by the award of the MSM prior to his retirement from the
military.  Nevertheless, the fact that he did not receive this award until
after his retirement date is not sufficient grounds for removal of the
award.

2.  Evidence of record verifies that the applicant’s DD Form 214 was issued
in January 2001 and the MSM was rendered almost two years later.  The
applicant’s separation document could not show this award and therefore, he
is entitled to correction of his records to show award of the MSM (4th
Award).

3.  Additionally, the regulation, as cited above, requires that an award on
a retired individual be sent to his forwarding address or St. Louis, if the
address is unknown.  Since the applicant did not receive his original
certificate, in the interest of justice, it would be appropriate to reissue
the MSM with permanent orders listed on the certificate.  However, there is
no provision to allow this Board to set up an award presentation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__PM ___  __RS ___  ___DH __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by adding the MSM (4th Award) and reissue of his MSM
Certificate.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
removal of the MSM from his OMPF.




                                  _____Patrick McGann________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004786                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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