IN THE CASE OF:
BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20140002461
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 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).
2. The applicant states he served as the Enlisted Aide to the Commander, United Nations Command (UNC), Combined Forces Command (CFC), and U.S. Forces Korea (USFK) during the period 2011 to 2013. He was recommended for and awarded the MSM in connection with his permanent change of station (PCS). However, on the day he departed the Republic of Korea (ROK), award of the Defense Meritorious Service Medal (DMSM) was approved for the same period of service. He now has two awards for the same period of service. The MSM is filed in his AMHRR and should now be removed because he left the ROK with the DMSM. He also states he contacted his current personnel officer to correct his records to show award of the DMSM in lieu of the MSM.
3. The applicant provides copies of:
* Headquarters (HQ), USFK, memorandum, dated 24 September 2013
* DMSM Narrative
* DMSM Citation
* DMSM Certificate showing the authority as HQ, USFK, Permanent Orders 267-1, dated 24 September 2013
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the Regular Army in the rank of sergeant first class. His AMHRR contains the following documents:
a. a DA Form 638 (Recommendation for Award) showing he was recommended for and awarded the MSM for the period 8 July 2011 to 1 October 2013 for duty as the Enlisted Aide to the UNC/CFC/USFK Commanding General in conjunction with his PCS from the ROK. The orders data section of this form shows the MSM was announced in HQ, 8th Army, Permanent Order Number 260-001, dated 19 September 2013; and
b. an MSM Certificate showing he was awarded the MSM for meritorious service as the Enlisted Aide to the Commanding General for the period 8 July 2011 to 1 October 2013.
2. 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the DMSM for the period 9 July 2011 to 2 October 2013 and the previous award of the MSM for the same period of service was revoked. Accompanying this memorandum were copies of the supporting narrative and citation for the DMSM.
3. The applicant also provided a copy of a DMSM Certificate for award of the DMSM for the period 9 July 2011 to 2 October 2013 showing the authority as HQ, USFK, Permanent Orders 267-1, dated 24 September 2013.
4. Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.
5. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides the following:
a. All personnel information recorded under the authority of this regulation is the property of the U.S. Government. Once recorded, it will not be removed except as provided by law or this regulation.
b. Once placed in the AMHRR, the document becomes a permanent part of that file. The document will not be removed from a section or moved to another part of the AMHRR unless directed by one or more of several listed agencies, including this Board.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows the applicant was awarded both the MSM and the DMSM as the Enlisted Aide to the Commanding General, UHNC/CFC/USFK, in the ROK for the same period of service. It also appears that the MSM has already been revoked but is still filed in his AMHRR. Therefore, it would be appropriate to remove all documentation pertaining to award of the MSM, in particular, the DA Form 638 and MSM Certificate.
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 all documentation pertaining to award of the MSM for the period 8 July 2011 to 1 October 2013 for duty as the Enlisted Aide to the UNC/CFC/USFK Commanding General from his AMHRR, in particular, the DA Form 638 and MSM Certificate.
______________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) AR20140002461
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ABCMR Record of Proceedings (cont) AR20140002461
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