BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018633
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit and the Meritorious Service Medal (6th Award).
2. The applicant states Permanent Order (PO) 129-01 revoked PO 024-001 [awarding him the Meritorious Service Medal] as his chain of command requested the Meritorious Service Medal be upgraded to a Legion of Merit for his retirement award. He was awarded a total of six Meritorious Service Medals but his DD Form 214 only reflects five. He can only assume there was a failure to post all of his Meritorious Service Medals to his record.
3. The applicant provides orders, seven certificates, and six DA Forms 638 (Recommendation for Award).
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a Reserve second lieutenant on 16 October 1987 with a concurrent call to active duty and he entered active duty on that date. He was promoted to the rank/grade of lieutenant colonel (LTC)/O-5 in the Regular Army on 2 October 2004.
2. He was retired on 31 May 2014 in the rank of LTC and he was placed on the Retired List on 1 June 2014. The DD Form 214 he was issued, in part, shows award of the Meritorious Service Medal (5th Award). It does not show the Legion of Merit.
3. The applicant provides and his record contains:
a. A certificate for the Legion of Merit, wherein it shows PO Number 129-002, dated 9 May 2014, issued by Headquarters (HQ), Department of the Army (DA), awarded him the Legion of Merit for the period 1 June 2004 to 31 May 2014.
b. PO 129-001, dated 9 May 2014, issued by Deputy Chief of Staff, G-8, revoking PO Number 024-001, dated 24 January 2014, issued by HQDA, pertaining to the award of the Meritorious Service Medal [for the applicant], as his chain of command requested the award be upgraded to a Legion of Merit.
c. A certificate for the Meritorious Service Medal, wherein it shows PO Number 125-4, dated 4 May 2012, issued by HQ, Eighth Army, awarded him the Meritorious Service Medal for the period 30 May 2011 to 31 May 2012.
d. A certificate for the Meritorious Service Medal, wherein it shows PO Number 107-3, dated 17 April 2006, issued by HQ, Eighth Army, awarded him the Meritorious Service Medal for the period 25 August 2005 to 24 August 2006.
e. A certificate for the Meritorious Service Medal, wherein it shows PO Number 253-01, dated 10 September 2005, issued by HQDA, awarded him the Meritorious Service Medal for the period 3 July 2003 to 5 August 2005.
f. A certificate for the Meritorious Service Medal, wherein it shows PO Number 190-1, dated 9 July 2003, issued by 1st Corps Support Command, awarded him the Meritorious Service Medal for the period 23 February 2001 to 23 July 2003.
g. A certificate for the Meritorious Service Medal, wherein it shows PO Number A355-11, dated 20 December 2000, issued by HQ, 25th Infantry Division, awarded him the Meritorious Service Medal for the period 3 September 1998 to 23 December 2000.
4. The applicant also provides a certificate for the Meritorious Service Medal, wherein it shows PO Number 138-002, dated 18 May 2001, issued by Office of the Administrative Assistant, Military Personnel Division, DA, awarded him the Meritorious Service Medal for the period 1 September 2006 to 31 May 2011. This order is not filed in his record.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms PO awarded the applicant the Legion of Merit and the Meritorious Service Medal (6th Award) while his DD Form 214 only shows the Meritorious Service Medal (5th Award). Therefore, he is entitled to correction of his DD Form 214 accordingly.
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 amending his final DD Form 214 by:
* deleting the Meritorious Service Medal (5th Award)
* adding the Legion of Merit and the Meritorious Service Medal (6th Award)
_________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) AR20140018633
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