IN THE CASE OF:	  

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130020249 


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, 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 states:

* the FSM received his First Degree of Clergy (Priest) from the Correllian Wicca Witch School on 5 September 2011
* the FSM, being of sound mind and judgment, of his own volition became a member of the Correllian Wicca religion on 5 September 2011
* the Legion of Merit was posthumously awarded to the FSM on 18 December 2013

3.  The applicant provides:

* Certificate of Completion for Correllian Wicca First Degree
* DA Form 638 (Recommendation for Award)
* Death Certificate
* DD Form 1300
* Marriage License
CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, on 16 August 1991, the FSM was commissioned as a second lieutenant and entered active duty.

2.  His Officer Record Brief, dated 8 November 2003, shows his religion as Methodist Churches.

3.  On 31 October 2003, the FSM was honorably discharged.  He accepted a Reserve appointment with assignment to the 1st Simulation Exchange Group, 1st Brigade, 75th Division (Training Support), Houston, TX.  His DD Form 214 for this period shows, in part, award of the Meritorious Service Medal.

4.  The FSM entered active duty on 2 December 2003.  He was promoted to lieutenant colonel on 26 January 2010.

5.  A Meritorious Service Medal Certificate filed in the FSM's records show Permanent Order Number 167-14, issued by Southern Regional Medical Command, Fort Sam Houston, TX, dated 16 June 2013 awarded him the Meritorious Service Medal (which should have been the 2nd Award) for the period 1 August 2003 to 30 August 2013.

6.  On 27 June 2013, the FSM was permanently retired due to a disability.  His DD Form 214 for this period shows, in part, award of the Meritorious Service Medal.

7.  The applicant provides a DA Form 638, dated 16 September 2013, that shows Permanent Order Number 2013-296-003, issued by Headquarters, U.S. Army Reserve Command, dated 23 October 2013, awarded the FSM the Legion of Merit for the period 28 June 2003 to 27 June 2013.

8.  The applicant provides a copy of the FSM's Certificate of Completion for the Correllian Wicca First Degree, death certificate, and their marriage certificate.  She also provides a copy of a DD Form 1300, dated 22 October 2013, that shows his religious preference as "Methodist Churches."

9.  The FSM's record is void of any evidence he changed his religious preference prior to his retirement.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
11.  Army Regulation 600-8-104 (Army Military Human Resource Records (AMHRR) Management) states all Soldiers, regardless of Component, are responsible for updating their individual Official Military Personnel File (OMPF).  At a minimum, Soldiers will review the appropriate record brief as applicable, all pay entitlements, and OMPF at least annually with their resource manager to ensure the record is accurate and contains all required documents.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The regulation stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge.  The itemized instructions for completing the DD Form 214 stated to enter in item 13 all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The U.S. Army Reserve Command determined the FSM's service met the requirements for award of the Legion of Merit during essentially the same period he was awarded the Meritorious Service Medal by the Southern Regional Medical Command.  Since only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service, it would be appropriate to amend the FSM's DD Form 214 for the period ending 27 June 2013 to show award of the Legion of Merit, the higher decoration, and revoke the Meritorious Service Medal awarded by the Southern Regional Medical Command. 

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

3.  While the applicant's desire to have the FSM's DD Form 1300 changed to show a different religious preference is understandable, there is no basis for compromising the integrity of the Army's records.  Although the FSM may have successfully completed the Correllian Wicca First Degree in 2011, there is no evidence he changed his religious preference in his military records.  Therefore, his DD Form 1300 is a proper document and requires no correction.  This Board action will be filed in the FSM's military records so his completion of the Correllian Wicca First Degree will be a matter of record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 167-14, dated 16 June 2013
* removing the Meritorious Service Medal Certificate, dated 16 June 2013, from his records
* adding the Legion of Merit to his DD Form 214 for the period ending 27 June 2013

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his DD Form 1300 to show his religion as Correllian Wicca First Degree.




      ___________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)                                         AR20130020249



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ABCMR Record of Proceedings (cont)                                         AR20130020249



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