IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20100028997
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Bronze Star Medal (BSM).
2. The applicant states:
a. he worked for two separate chains of command while deployed causing his issuance of two separate awards for the same time frame,
b. during his deployment he was awarded the Defense Meritorious Service Medal (DMSM) from one chain of command and after redeployment he received the BSM from the other chain of command, and
c. both awards are currently reflected in the interactive Personnel Electronic Records Management System; however, he wants his DD Form 214 corrected to delete the DMSM and add the BSM.
3. The applicant provides:
* DD Form 214
* BSM Certificate
* two DA Forms 638 (Recommendation for Award)
* DMSM Certificate, orders, narrative, and citation
* email communication (4 and 5 pages each)
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows he is currently serving on active duty in the Kansas Army National Guard (KSARNG) in the rank of captain in an Active Guard Reserve status.
2. On 15 August 2005, the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF). Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) includes an entry which shows he served in Iraq from 17 November 2005 to 1 November 2006.
3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 includes an entry which shows the applicant was awarded the BSM on 14 September 2006. It does not list the DMSM.
4. The applicant's official military personnel file (OMPF) includes a BSM Certificate which shows this medal was awarded to him for exceptionally meritorious service during OIF for the period 1 September 2005 to 21 November 2006. It also contains a DMSM Certificate which shows this medal was awarded to him for exceptionally meritorious service during the period 21 November 2005 to 21 November 2006.
5. On 22 December 2006, the applicant was honorably released from active duty by reason of completion of required service. The DD Form 214 issued at that time shows he completed 1 year, 4 months, and 8 days of net active service during this period.
6. Item 13 of his DD Form 214 includes the DMSM. However, the BSM is not included in the list of awards.
7. The applicant provides two DA Forms 638 which record the following orders:
* DMSM 21 November 2005-21 November 2006 Headquarters, Multi-National Force-Iraq (MNF-I), Permanent Order Number 234-006, dated 22 August 2006
* BSM 1 September 2005-21 November 2006 Headquarters, 4th Infantry Division, Permanent Order Number 233-001, dated 14 September 2006
8. During the processing of this case a staff member of the Board contacted a member of the Joint Staff to request the appropriate agency or Department of Defense official take action to revoke the DMSM orders. On 29 June 2011, the Joint Staff published Permanent Order J-1SO-0138-11 revoking Headquarters, MNF-I, Permanent Order Number 234-006, dated 22 August 2006, which awarded the applicant the DMSM.
9. Department of Defense (DOD) Instruction 1348.33, volume 1, dated 23 November 2010, implements the DOD Military Awards Program policies and procedures. It states the number of decorations that may be awarded to a service member is not limited; however, only one decoration is awarded for the same act, achievement, or period of service. Additionally, Defense/Joint decorations may not be awarded to any service member for an act, achievement, or period of service for which a Military Department decoration has been awarded.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that the DMSM awarded to him for meritorious service in Iraq should be revoked. There is sufficient evidence to support this claim.
2. The evidence of record confirms the applicant was awarded the BSM and DMSM in official orders for same period of service and the DMSM is currently reflected on his 22 December 2006 DD Form 214 while the BSM is not. Based on the revocation order which nullified the applicant's DMSM, item 13 of his DD Form 214 should be corrected to delete the DMSM and add the BSM.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending item 13 of his 22 December 2006 DD Form 214 by deleting the
Defense Meritorious Service Medal, adding the Bronze Star Medal, and issuing him a correction to this document to reflect these changes.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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