IN THE CASE OF:	  

		BOARD DATE:	  25 June 2014

		DOCKET NUMBER:  AR20130018504 


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 removal of Permanent Order Number 163-07, dated 11 June 2012, from his official military personnel file (OMPF).

2.  The applicant states:

	a.  He wants his downgraded retirement award removed from his OMPF.

	b.  He is a Reservist and he recently retired from active duty in the rank of colonel after completing 36 years of military service.  In 2010, he was mobilized to serve in Iraq with the U.S. Army Reserve (USAR).  After completing his tour he was going to retire from the USAR in August 2011.  However, he had completed over 18 years of active military service and the Army placed him in the sanctuary program.  He was put on active duty to complete 20 years of active military service and retire.  Before he left Iraq, his unit recommended him for the Legion of Merit (LOM) as his retirement award.  This unit forwarded him the award (recommendation) so the 3rd Army could process it and present it to him during his retirement ceremony. 

	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).  He sent the brigadier general an email and asked her why she downgraded the award.  Her response was "she made the decisions in line with other retirement award recommendations she had made for colonels in the past 5 years."  Even though he disagreed with her response, as her subordinate he had to respect her decision.  However, he made it clear to her that if she was going to downgrade his award he would have to respectfully decline it and leave the service without one.  Instead of removing the award from the process, she sent it through the channel for final approval.

	d.  Later, he requested through his personnel administration section that the 3rd Army Battalion S1 and 3rd Army G1 award office not send the award to his permanent record; however, they sent it.  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.  Currently, the award is still in his permanent record.

	e.  A retirement award is an overall recollection of a Soldier's military career, especially on the last 10 years, not the last 12 months.  It is a reflection of your Soldiers' performance as their leader and your chain of command as their subordinate.  It tells the story of what you accomplished thanks to them.  When the 3rd Army downgraded his award it said that neither his Soldiers nor his leaders did enough for him to deserve the recommended award.  Accepting this downgraded award would be disrespectful to the USAR Command, the 103rd Expeditionary Sustainment Command, his Soldiers, his peers, and his family and friends for many reasons he does not want to mention.  In addition, it will be a humiliation to be the first colonel in the 3rd Army history to receive an MSM as a retirement award.  All he wants is to have the award removed from his permanent record.  The award lost its value when the 3rd Army downgraded it.  There is no Army regulation that says you have to accept an award.  Forcing him to accept the award will be considered an act of hazing and/or bullying and he believes this is against the law and against Department of the Defense regulation.      

3.  The applicant provides:

* DA Forms 638 (Recommendation for Award)
* Email
* Orders for the MSM
* Undated memorandum
* Retirement orders 

CONSIDERATION OF EVIDENCE:

1.  Having prior active enlisted and commissioned service in the Regular Army, inactive enlisted service in the USAR and commissioned service in the Army National Guard, the applicant was transferred to the USAR in the rank of captain in 1993.  
2.  He provides a DA Form 638, dated 30 November 2010, which shows he was recommended for the LOM for exceptionally meritorious service and outstanding performance of duty from 28 August 2001 to 27 August 2011.  The form shows it was a retirement award.  The approval authority section is incomplete. 

3.  He was ordered to active duty on 30 April 2010.  He was promoted to colonel on 22 December 2010.  He served in Iraq from 6 June 2010 to 7 April 2011.  He was released from active duty on 20 July 2011, and immediately ordered to active duty on 21 July 2011 under sanctuary.

4.  He provides a DA Form 638, dated 31 May 2012, for the MSM (Third Oak Leaf Cluster – 4th Award) for exceptionally meritorious service and outstanding performance of duty from 1 December 2002 to 30 November 2012.  The form shows it was a retirement award.  

5.  Permanent Order Number 163-07, dated 11 June 2012, shows he was awarded the MSM for exceptionally meritorious service for the period 1 December 2002 to 30 November 2012.

6.  There is no evidence that shows these orders were revoked.

7.  He retired on 30 November 2012 in the rank of colonel.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 
30 November 2012 shows, among other awards, the MSM (4th Award) as an authorized award.

8.  A review of his performance section of his OMPF on the interactive Personnel Electronic Records Management System revealed a copy of the MSM orders in question.

9.  The applicant provides email correspondence that shows he contacted the brigadier general who downgraded his LOM to MSM and asked why the award was downgraded.  He inquired if there was anything he could to do fix it.  If not, he would respect her decision, but he requested to decline the award and not receive one for his retirement.  The brigadier general stated "I based the award recommendation on your grade, years of service, degree of responsibility and manner of performance.  I did not make this decision lightly and it is in line with other retirement award recommendations I have made for COLs in the past 5 years."

10.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides policies, operating tasks, and steps governing the OMPF.  The regulation shows that award orders are filed in the performance section of the OMPF.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, orders show he was awarded the MSM (Third Oak Leaf Cluster) on 11 June 2012.  These orders appear to be valid and there is no evidence these orders have been revoked.  

2.  The criteria upon which the brigadier general based her decision was in complete compliance with Army policy.

3.  Since the governing regulation states award orders will be filed in the performance section of the OMPF, and the MSM orders are properly filed in his OMPF, there is insufficient evidence on which to remove these orders from his OMPF.  The fact it is filed in his OMPF is not necessarily evidence that he was “forced to accept” the award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20130018504



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ABCMR Record of Proceedings (cont)                                         AR20130018504



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