IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130013895
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 his record by removing Permanent Order 181-001, issued by Headquarters, 4th Expeditionary Sustainment Command (ESC), San Antonio, TX, dated 30 June 2012, awarding him the Meritorious Service Medal (MSM) from his Army Military Human Resource Record (AMHRR).
2. He states the award of the MSM was superseded by a Legion of Merit (LOM). He is being over-awarded since the MSM and LOM cover the same period of service.
3. He provides:
* LOM certificate containing Permanent Order Number 333-011, issued by the U.S. Army Reserve (USAR) Command, Fort Bragg, NC, dated
28 November 2012
* MSM certificate containing Permanent Orders Number 181-001, dated
30 June 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 August 2013
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a second lieutenant in the USAR on
23 May 1984. He served in a variety of staff and leadership positions and he attained the rank of colonel.
2. His record contains a copy of Permanent Orders 108-33, issued by Headquarters, 2d Infantry Division, dated 22 May 1989, that awarded him the MSM for the period 6 June 1988 to 6 July 1989.
3. Headquarters, 4th Expeditionary Sustainment Command, San Antonio, TX, Permanent Orders 181-001, dated 30 June 2012, show he was awarded the MSM for meritorious service for the period 16 March 2008 to 30 June 2012. The award states it was for exceptionally meritorious service as the 211th Regional Support Group Commander.
4. Permanent Order 333-011, dated 28 November 2012, awarded him the LOM for meritorious service for the period 16 March 2008 to 7 July 2012.
5. His DD Form 214 for the period ending 12 August 2013 lists the award of an MSM and the LOM.
6. Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
7. The same regulation 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 using a separate permanent order. The decoration will be returned by the recipient.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant was awarded the MSM as an interim award pending the final decision on his recommendation for the LOM, which was subsequently approved. The evidence shows he received two awards for the same period which is prohibited by Army regulation. Therefore, it would be appropriate to revoke the MSM awarded on 30 June 2012.
2. His record shows he was previously awarded an MSM by Permanent Orders 108-33, dated 22 May 1989. Further, his DD Form 214 shows only one award of the MSM. Therefore, the revocation of the MSM awarded on 30 June 2012 requires no correction to his DD Form 214.
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:
a. Revoking Permanent Order Numbeer 181-001, issued by Headquarters, 4th ESC, San Antonio, TX, dated 30 June 2012;
b. Removing Permanent Order Number 181-001 from his AMHRR; and
c. Ensuring the revocation orders are not filed in his AMHRR.
_______ _ 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) AR20130013895
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130013895
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110008426
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...
ARMY | BCMR | CY2014 | 20140002521
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * she was awarded the Legion of Merit (LOM) instead of the Meritorious Service Medal (MSM) * the correct dates of her deployment to Kuwait 2. She provides: * DD Form 214 * DA Forms 638 (Recommendation for Award) with LOM and the Army Commendation Medal (ARCOM) certificates *...
ARMY | BCMR | CY2008 | 20080011382
The applicant requests that Permanent Orders Number 149-004, awarding him the Army Commendation Medal (ARCOM), be removed from his Official Military Personnel File (OMPF). Therefore, after first ensuring that Headquarters, 4th Infantry Division, Fort Hood, TX, Permanent Orders Number 149-004, dated 29 May 2007, is revoked, the order should be removed from the applicantÂ’s OMPF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130018504
c. In May 2012, he submitted the award (recommendation) to the 3rd Army and in June 2012 one of his Soldiers notified him that a brigadier general downgraded his award to a Meritorious Service Medal (MSM). Finally, in November before he left the command he asked the 3rd Army Commander to authorize his 3rd Army award section to revoke the award orders and remove the award from his record. The regulation shows that award orders are filed in the performance section of the OMPF.
ARMY | BCMR | CY2012 | 20120010248
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 30 June 2011 to show: * award of military occupational specialty (MOS) 31E1O (Field Radio Repairer) * MOS 91B3O (Wheeled Vehicle Mechanic) changed to show 91B3O (Medical Specialist) * award of the Meritorious Service Medal (MSM) 2. The applicant's DD Form 214 for the period ending 14 October 1983 correctly shows his MOS 31E2O. Although the applicant's DD Form 214 ending 30...
ARMY | BCMR | CY2010 | 20100014872
The applicant provides the following documentation: * two letters of support * three DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 1 November 2007 through 31 August 2009 * BSM packet (award recommendation, narrative, citation, and certificate), dated 10 March 2009 * Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, Permanent Orders Number 083-001, dated 24 March 2009, revoking award of the BSM * DA Form 638 (Recommendation for...
ARMY | BCMR | CY2008 | 20080013428
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of Distinguished Service Medal (DSM) and only one award of the Legion of Merit (LOM). A review of the applicant's Official Military Personnel File shows she was awarded the LOM (2nd Award) as an interim award at the time of separation for the purpose of retirement. This evidence is sufficient to correct her records to show this award.
ARMY | BCMR | CY2012 | 20120009142
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (5th Award) * Army Achievement Medal (AAM) (5th Award) * Army Superior Unit Award (ASUA) (2nd Award) * Army Good Conduct Medal (AGCM) (4th Award) * National Defense Service Medal (NDSM) (2nd Award) * Noncommissioned Officer (NCO)...
AF | BCMR | CY2002 | BC-2002-02588
At the request of Colonel S---, the order awarding him the MSM was revoked in order to recommend him for award of the Legion of Merit (LOM). ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states that DPPPR suggests that HQ PACAF could address his request, then in the same paragraph states that he could not now be recommended for a decoration because of time limitations. Exhibit D. Letter, Applicant, dated 2 Oct 02,...
ARMY | BCMR | CY2014 | 20140002461
The applicant requests removal of the award of the Meritorious Service Medal (MSM) for the period 8 July 2011 to 1 October 2013 from his Army Military Human Resource Record (AMHRR). The applicant provided a memorandum from the Deputy Executive Officer to the Commander, UNC/CFC/USFK wherein it stated the applicant was recommended for award of the DMSM for the period 9 July 2011 to 2 October 2013 and the previous award of the MSM for the same period of service was revoked. As a result, the...