IN THE CASE OF:
BOARD DATE: 27 October 2015
DOCKET NUMBER: AR20150003778
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 record and DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Legion of Merit (LOM) and Meritorious Service Medal (MSM) with Oak Leaf Cluster (OLC).
2. The applicant states the LOM and MSM with OLC are not listed on his DD Form 214.
3. The applicant provides:
* DD Form 214
* LOM Order
* DA Form 638 (Recommendation for Award)
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows he last entered active duty from the Army National Guard on 21 July 2006 and served until he was retired from active duty in the rank of sergeant major (SGM/E-9) on 14 November 2013. He completed a total of 20 years, 11 months, and 17 days of creditable active service.
2. His retirement DD Form 214 includes an entry which shows he earned the MSM.
3. The applicant provides a DA Form 638 dated 26 January 2014 and an MSM certificate which is also in his record. These documents show he was awarded the MSM with OLC for exceptional meritorious service during the period May 1982 through November 2013. It was announced in Headquarters, 31st Chemical Biological Radiological Brigade, Permanent Order Number 028-002, dated 28 January 2014.
4. The applicant provides National Guard Bureau Permanent Order Number 176-2, dated 25 June 2014, that announced his award of the LOM for the period 1 May 2005 to 14 November 2013.
5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 1-23 (2) contains guidance on recognizing Soldiers upon retirement. It states only one retirement award may be awarded to any retiring Soldier. Soldiers serving under the Retiree Recall Program are not authorized a second retirement award or an upgrade of a previously approved retirement award.
DISCUSSION AND CONCLUSIONS:
The evidence shows the applicant was awarded the LOM and a second MSM (with OLC) for the purpose of retirement and both awards were announced in official orders. However, by regulation, no Soldier retiring will be issued more than one retirement award. As a result, the applicant is only authorized one retirement award. The LOM is highest of the two awards and should take precedence over the MSM. Therefore, the LOM should be added to the applicants record and DD Form 214 at this time.
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 adding the Legion of Merit to the applicants DD Form 214.
2. The Board further determined the evidence presented is 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 adding the Meritorious Service Medal with OLC to his 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) AR20150003778
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ABCMR Record of Proceedings (cont) AR20150003778
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