IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110008426 


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, in effect, correction of his Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) by:

* removing an "interim" Meritorious Service Medal (MSM) that was awarded to him by the Commanding General (CG), U.S. Army Civil Affairs and Psychological Operations Command (Airborne) (USACAPOC(A)) for the period 27 August 2007 to 31 August 2009
* rescinding the revocation of an MSM awarded by the CG, U.S. Army Reserve Command (USARC)
* showing the MSM awarded by the CG, USARC, as the only award for the period 27 August 2007 to 31 August 2009 posted to his OMPF

2.  He states his OMPF contains duplicate MSMs for the same period of service due to administrative error.

3.  He provides:

* a DA Form 638 (Recommendation for Award), dated 3 August 2009 and corresponding MSM Certificate
* a DA Form 638, dated 25 August 2009, and corresponding MSM Certificate
* Permanent Order 141-001, issued by Headquarters, USARC, Fort McPherson, GA, dated 21 May 2010


CONSIDERATION OF EVIDENCE:

1.  On the date of his application, the applicant was serving as a colonel (COL)/O-6 in the Active Guard Reserve program.

2.  His OMPF in iPERMS contains a DA Form 638, dated 25 August 2009, (hereafter called Recommendation 1) showing he was recommended for award of the Legion of Merit (LOM) for the period 27 August 2007 to 31 August 2009.  Item 12a (Indicate Reason) shows the reason for the award was his permanent change of station (PCS).  Item 12b (Interim Award) shows the recommender placed an "X" in the "No" box, indicating the applicant had not been given an interim award.

3.  Recommendation 1 was processed through his USACAPOC(A) chain of command to USARC.  Item 25 (Intermediate Authority) shows the Deputy CG, USARC, recommended downgrade to an MSM.  Item 26 (Approval Authority) shows the CG, USARC, approved the downgrade to an MSM.  Part V (Orders Data) shows award of the MSM (4th Oak Leaf Cluster) was announced in Permanent Order Number 348-002 on 14 December 2009.

4.  His record includes two MSM Certificates showing he received the MSM for meritorious service during the period 27 August 2007 to 31 August 2009.

	a.  The first, dated 4 August 2009, shows the award was announced in Permanent Order Number C216-02 issued by Headquarters, USACAPOC(A), Fort Bragg, NC.  The certificate bears the signature of the CG, USACAPOC(A), a major general.

	b.  The second, dated 14 December 2009, shows the award was announced in Permanent Order Number 348-002, USARC, Fort McPherson, GA.  The certificate bears the signature of the CG, USARC, a lieutenant general.

5.  Permanent Order 141-001, dated 21 May 2010, revoked Permanent Order Number 348-002.

6.  He provides two DA Forms 638 showing he was recommended for award of the LOM.

	a.  The first is Recommendation 1 described above.

	b.  The second, dated 3 August 2009, (hereafter called Recommendation 2) shows in item 12a the reason for the award was his PCS.  Item 12b shows the 


recommender placed an "X" in the "Yes" box and indicated he was given an interim award of the MSM.  Item 26 (Approval Authority) shows the CG, USACAPOC(A), approved the LOM.  Part V also shows the LOM as the approved award and shows the award was announced in Permanent Order Number C216-02, dated 4 August 2009.  This DA Form 638 is not filed in his OMPF.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.

	a.  Paragraph 1-19 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

	b.  Paragraph 1-20 states to ensure 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, except for retiring U.S. Army general officers.  When a higher award is approved, the approving authority will revoke the interim award using a separate permanent order in accordance with Army Regulation 600-8-105 (Military Orders).  The authority taking final action may award the decoration recommended, award a lesser decoration (or consider the interim award as adequate recognition), or in the absence of an interim award, disapprove award of any decoration.

	c.  Table 3-2 (Steps for Preparing and Processing Awards Using the
DA Form 638, Recommendation for Award) states, in pertinent part, if an award is disapproved or downgraded, the DA Form 638 will be filed in the Soldier's OMPF.  The DA Form 638 of an approved award is not filed in the OMPF; only the certificate is filed in the OMPF.

	d.  Table 3-5 (Delegation of Award Approval Authority – Peacetime Criteria) states authority to award the LOM is delegated to commanders and principal Headquarters, Department of the Army (HQDA), agency officials in the rank of lieutenant general and above.  Major generals may approve the LOM for retiring and deceased persons, other than general officers, assigned to their command or agency.  Commanders and principal HQDA agency officials in the rank of brigadier general and above may approve the MSM.

	e.  Paragraph 3-19e states permanent award orders are an authorized part of the DA Form 638.  Paragraph 3-19f states amendments, rescissions, or revocation of permanent award orders will be prepared on a separate order. 


Award orders issued/announced on the DA Form 638 will be amended or revoked using a separate permanent order in accordance with Army Regulation 600-8-105 (Format 700 or 705).

8.  Army Regulation 600-8-104 (Military Personnel (MILPER) Information Management/Records) prescribes the policies and mandated operating tasks for the MILPER Information Management/Records Program of the MILPER System.  It establishes principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records.  It states that once placed in the OMPF, a document becomes a permanent part of that file.  The document will not be removed from an OMPF or moved to another part of the OMPF unless directed by competent authority.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows USACAPOC(A) made errors in processing of the applicant's award recommendation.

2.  Recommendation 2 is not filed in the applicant's OMPF.  It shows the CG, USACAPOC(A), signed the form indicating he had approved the award of the LOM.  As a major general, he did not have the authority to do so because the applicant was neither deceased nor retiring.

3.  Part V of Recommendation 2 shows orders announced the LOM as the approved award; however, the MSM Certificate bearing the same permanent order number as Recommendation 2 is convincing evidence that the CG, USACAPOC(A), did not intend to award the LOM to the applicant.

4.  Recommendation 1 did not indicate the applicant had received an interim award of the MSM.  Absent that knowledge, the CG, USARC, approved the downgrade to the MSM, the award already approved by the CG, USACAPOC(A). 

5.  The permanent order published to complete Recommendation 1 was revoked.  This was the appropriate action for USARC to take upon learning the MSM had been awarded earlier by the CG, USACAPOC(A).

6.  The end result of the administrative errors in this case is that the applicant's OMPF contains two MSM Certificates published by different headquarters documenting what is, in effect, the same award.  In view of the available evidence, it would be appropriate to:


* revoke Permanent Order Number C216-02, issued by USACAPOC(A)
* remove from the applicant's OMPF the MSM Certificate issued by USACAPOC(A)
* void Permanent Order Number 141-001, issued by USARC, revoking award of the MSM
* remove Permanent Order Number PO 141-001 from his OMPF

BOARD VOTE:

____X____  ____X____  __X______  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:

* revoking Permanent Order Number C216-02, issued by USACAPOC(A)
* removing the MSM Certificate issued by USACAPOC(A) from the applicant's OMPF
* voiding Permanent Order Number 141-001, issued by USARC, revoking award of the MSM
* removing Permanent Order Number PO 141-001 from his OMPF



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20110008426



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ABCMR Record of Proceedings (cont)                                         AR20110008426



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