BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017410
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit in lieu of the Meritorious Service Medal (4th Award).
2. The applicant states the recommendation for award of the Legion of Merit was originally downgraded to the Meritorious Service Medal, but the award recommendation was then approved as a Legion of Merit right before her retirement.
3. The applicant provides:
* DD Form 214
* memorandum from Headquarters, U.S. Army Medical Command
* DA Form 638 (Recommendation for Award)
* Legion of Merit Certificate
* Headquarters, U.S. Army Medical Department Center and School Permanent Order 179-01
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 5 June 1990. She entered active duty on 20 June 1990. She served in a variety of assignments and she attained the rank of lieutenant colonel.
2. On 8 February 2013, her supervisor recommended her for award of the Legion of Merit for service from 1 June 2003 to 31 May 2013 in connection with her retirement. The company commander recommended approval on 9 December 2012. However, the battalion and brigade commanders recommended downgrading the award to a Meritorious Service Medal on 10 and 12 December 2012.
3. U.S. Army Medical Department Center and School, Fort Sam Houston, Permanent Order Number 127-02, dated 7 May 2013, awarded her the Meritorious Service Medal for service from 1 June 2003 to 31 May 2013. The resulting Meritorious Service Medal Certificate is filed in her Official Military Personnel File (OMPF).
4. On 14 June 2013, the Commanding General, U.S. Army Medical Command, Fort Sam Houston, approved the recommended award as a Legion of Merit.
a. Headquarters, U.S. Army Medical Command, Fort Sam Houston, Permanent Order Number 165-103, dated 14 June 2013, awarded her the Legion of Merit for service from 1 June 2003 to 31 May 2013. The resulting Legion of Merit Certificate is filed in her OMPF.
b. Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, Permanent Order 179-01, dated 28 June 2013, revoked Permanent Order Number 127-02, dated 7 May 2013, awarding her the Meritorious Service Medal (4th Award). This revocation order is not filed in her OMPF.
5. She retired on 31 August 2013 and she was placed on the Retired List in the rank of lieutenant colonel on 1 September 2013. Her DD Form 214 shows she was awarded or authorized, in part, the:
* Meritorious Service Medal (4th Award)
DISCUSSION AND CONCLUSIONS:
1. The applicant was recommended for award of the Legion of Merit. Her intermediate chain of command recommended downgrading the award to the Meritorious Service Medal and issued orders awarding her the Meritorious Service Medal. The resulting Meritorious Service Medal Certificate is filed in her OMPF.
2. The approval authority approved award of the Legion of Merit after she had already been awarded the Meritorious Service Medal for the same period of service. Although the Meritorious Service Medal orders were revoked, the corresponding certificate remains in her OMPF and her DD Form 214 shows award of the Meritorious Service Medal (4th Award).
3. Therefore, she is entitled to correction of her OMPF by removing the Meritorious Service Medal Certificate and corresponding orders. She is also entitled to correction of her DD Form 214 by deleting award of the Meritorious Service Medal (4th Award) and adding award of the Legion of Merit and Meritorious Service Medal (3rd Award).
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:
* removing the Meritorious Service Medal Certificate for the period 1 June 2003 to 31 May 2013 from her OMPF
* removing U.S. Army Medical Department Center and School, Fort Sam Houston, Permanent Order Number 127-02, dated 7 May 2013, from her OMPF
* removing Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, Permanent Order 179-01, dated 28 June 2013, from her OMPF
* deleting award of the Meritorious Service Medal (4th Award) from her DD Form 214
* adding award of the Legion of Merit and Meritorious Service Medal (3rd Award) to her DD Form 214
___________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) AR20130017410
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017410
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130020249
The applicant, the widow of a former service member (FSM), requests correction of his: * DD Form 1300 (Report of Casualty), Item 9g (Religious Preference) to show his religion as "Correllian Wicca First Degree" instead of "Methodist Churches" * DD Form 214 (Certificate of Release or Discharge) for the period ending 27 June 2013 to show award of the Legion of Merit 2. The applicant provides a DA Form 638, dated 16 September 2013, that shows Permanent Order Number 2013-296-003, issued by...
ARMY | BCMR | CY2009 | 20090007583
IN THE CASE OF: BOARD DATE: 29 SEPTEMBER 2009 DOCKET NUMBER: AR20090007583 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show additional awards of the Army Commendation Medal and the Army Achievement Medal. The applicant provides a copy of her DD Form 214, two DA Forms 638 (Recommendation for Award), her DA Form 71 (Oath of Office), and two award certificates.
ARMY | BCMR | CY2014 | 20140008121
The applicant requests orders awarding him the fourth award of the Army Good Conduct Medal be removed from his Official Military Personnel File (OMPF). Permanent Orders 036-902, issued by the same headquarters, dated 5 February 2014, awarded him the AGCM (4th Award) for the same period of service, 1 August 2010 to 31 July 2013. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * revoking Permanent Orders 036-902, dated 5...
ARMY | BCMR | CY2011 | 20110021137
On the other hand, he submits a personal letter from the General Officer who certifies this award as well as a photograph of the same General Officer presenting him the Legion of Merit (1st Oak Leaf Cluster) in September 1976. c. It appears the 1974 downgraded Legion of Merit was not related to the requested 1976 Legion of Merit. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the...
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 | CY2007 | 20070017398
The applicant provided the following additional documentary evidence in support of her application: a. DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 12 September 2006; b. DA Form 2627-2 (Record of Supplementary Action Under Article 15, UCMJ), dated 25 October 2006; c. DA Form 2166-8 (Noncommissioned Officer Evaluation Report), dated 5 December 2006; d. Extract of Army Regulation 27-10 (Military Justice), dated 16 November 2005; e. Two Memorandums for Record (MFR), dated...
ARMY | BCMR | CY2014 | 20140015353
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 10 January 2011, to add the Meritorious Service Medal (4th Award) and the Legion of Merit. The applicants record contains a DD Form 215 (Correction to DD Form 214), dated 26 January 2015. The applicant's request for correction of her DD Form 214, for the period ending 10 January 2011, to show award of the Legion of Merit was carefully considered and...
ARMY | BCMR | CY2008 | 20080020013
The applicant requests that her award of the Army Commendation Medal be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty). It is appropriate to correct the applicant's records to show she was awarded the Army Commendation Medal on 22 April 2005. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was awarded the Army Commendation Medal.
ARMY | BCMR | CY2008 | 20080005144
As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Legion of Merit in Item 13 of the applicants DD Form 214, dated 31 March 1994. ___ XXX ___ 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) AR20080005144 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2009 | 20090014424
BOARD DATE: 22 October 2009 DOCKET NUMBER: AR20090014424 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Table 2-1 of this Army regulation shows that certificates of training (file only certificates issued by activities listed in Department of the Army Pamphlet 351-4 (U.S. Army Formal Schools Catalog)) and award orders (includes badges, bars, tabs, and so forth) are filed in the performance section of the OMPF. As a result, the Board recommends that all Department of the Army records of...