RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 NOVEMBER 2006
      DOCKET NUMBER:  AR20060013296


      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. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 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).

2.  The applicant states he was originally recommended for an award of the
Bronze Star Medal but it was downgraded to a Meritorious Service Medal.  He
notes that subsequently his command resubmitted the Bronze Star Medal
recommendation and it was ultimately approved.  However, the Meritorious
Service Medal was never revoked.  He states both awards are now in his OMPF
and he is concerned that it may affect his consideration for promotion.

3.  The applicant provides copies of the Meritorious Service Medal and
Bronze Star Medal award certificates.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant, a Sergeant First
Class, was assigned to the 761st Ordnance Company when he deployed to Iraq
in support of Operation Iraqi Freedom.  On 23 December 2005 he was awarded
a Meritorious Service Medal in recognition of his meritorious service as a
member of the Multi-National Corps-Iraq between 19 July 2005 and 2 February
2006.  Orders issued by the MNC-I confirmed the award.  The certificate
reflects the signature of General John R. Vines, commander of the MNC-I at
the time the award was approved.

2.  Although the applicant's OMPF does contain a copy of the Meritorious
Service Medal award certificate there is no copy of the original award
recommendation indicating the Meritorious Service Medal was downgraded from
an originally recommended Bronze Star Medal.

3.  On 10 February 2006 the applicant was awarded a Bronze Star Medal in
recognition of his meritorious service for the same period as the
Meritorious Service Medal (19 July 2005 to 2 February 2006).  The award
certificate bears the signature of General Peter W. Chiarelli, who assumed
command of the MNC-I in January 2006.  The certificate also reflects the
permanent order number issued by the MNC-I confirming the award.  There is
no indication in available records that the original Meritorious Service
Medal was ever revoked.



4.  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.

5.  Army Regulation 600-8-22 also states that only one decoration will be
awarded to an individual for the same act, achievement, or period of
meritorious service.

6.  Army Regulation 600-8-104 states that all permanent orders, which
announce, amend, or revoke military awards, are to be filed in the
performance portion of a soldier’s OMPF.  That regulation also states that
once filed such documents become a permanent part of the OMPF and may only
be removed by one of several agencies, including this Board.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant’s OMPF contain award
certificates for a Meritorious Service Medal and a Bronze Star Medal, both
awarded in recognition of the applicant's meritorious service during the
exact same period while deployed in support of Operation Iraqi Freedom.

2.  It is unclear why the Meritorious Service Medal was not revoked when
the Bronze Star Medal was ultimately approved but it is possible that
because of the fluid movement of personnel in and out of the overseas
theater that revocation of the earlier award was just overlooked.

3.  While the appropriate avenue to correct the situation would be to
return the action to the awarding headquarters (MNC-I) and request
revocation of the original Meritorious Service Medal, such a revocation at
this point and as a separate action from the award of the Bronze Star Medal
might only add to the confusion of multiple awards in the applicant’s OMPF.
 Additionally, the steps necessary to return the action to the awarding
headquarters and subsequent expectation that they would accomplish the
necessary action to revoke the Meritorious Service Medal may place an undue
burden on the applicant and on administrators in the combat theater who
would by now have clearly moved on to more current and pressing award
issues.  As such, the Board concludes, in the interest of justice and
equity, that it would be appropriate to simply expunge the Meritorious
Service Medal citation from the applicant's OMPF.


BOARD VOTE:

___WC__  ___AM__  ___DL___  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 23 December 2005 Meritorious Service Medal award citation
from the applicant's OMPF.





                                  ______William Crain__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013296                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061130                                |
|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.                      |                                        |


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