Search Decisions

Decision Text

ARMY | BCMR | CY2015 | 20150010441
Original file (20150010441.txt) Auto-classification: Denied

		IN THE CASE OF:  	  

		BOARD DATE:  4 August 2015	  

		DOCKET NUMBER:  AR20150010441 


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, in effect, correction of his record to show award of the Bronze Star Medal instead of the Meritorious Service Medal (3rd Award).

2.  The applicant states:

* he was awarded the Meritorious Service Medal for his deployment to Iraq in 2008 through 2009
* he was awarded the wrong medal for service in a combat zone in accordance with Army Regulation 600-8-22 (Military Awards)
* the Meritorious Service Medal and Army Achievement Medal are peacetime awards only
* the Bronze Star Medal is the wartime equivalent to the peacetime award of the Meritorious Service Medal

3.  The applicant provides:

* DA Form 638 (Recommendation for Award)
* Meritorious Service Medal Certificate
* extracts of Army Regulation 600-8-22, dated 11 December 2006

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant on 19 May 1989.

2.  He progressed in rank and was subsequently promoted to the rank/grade of lieutenant colonel/O-5 effective 27 May 2007.

3.  Connecticut Army National Guard Orders 181-175, dated 30 June 2009, show:

* these orders amended Orders 331-050, same headquarters, dated 26 November 2008 (Orders 331-050 are not available for review)
* he was ordered to active duty for the period 28 November 2008 to 19 May 2009

4.  On 19 May 2009, he was honorably released from active duty.

5.  He provided a copy of his DA Form 638 showing he was recommended for and awarded the Meritorious Service Medal (3rd Award) for exceptionally meritorious service to the 3rd Sustainment Command (Expeditionary) during Operation Iraqi Freedom 2009 during the period 12 December 2008 to 8 May 2009.

6.  He also provided a copy of his Meritorious Service Medal Certificate and extracts of Army Regulation 600-8-22, dated 11 December 2006.

7.  Army Regulation 600-80-22 in effect at the time, dated 11 December 2006, stated the Meritorious Service Medal is awarded to any member of the Armed Forces of the United States who distinguished himself or herself by outstanding meritorious achievement or service while serving in a noncombat area after 16 January 1969 but prior to 11 September 2001.

8.  Army Regulation 600-80-22, dated 25 June 2015, further clarified this policy.  After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal is authorized to be awarded only for meritorious service or achievement while serving in a noncombat area.  Effective 11 September 2001 to a date to be determined, the Department of the Army Deputy Chief of Staff, G-1, granted an exception to policy to award the Meritorious Service Medal in a combat theater for noncombat meritorious achievement and service for the Global War on Terrorism era.  This exception does not authorize the Meritorious Service Medal to be used as an upgrade or downgrade to or from a recommended Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his award of the Meritorious Service Medal (3rd Award) to a Bronze Star Medal was carefully considered.

2.  Although he argues the Meritorious Service Medal is not an authorized award for a combat theater, the Department of the Army Deputy Chief of Staff, G-1, granted an exception to policy to award the Meritorious Service Medal in a combat theater for noncombat meritorious achievement and service for the Global War on Terrorism era effective 11 September 2001 to a date to be determined.

3.  In view of the aforementioned evidence of record, there is no basis to grant the requested relief.  There is no error or injustice in his award of the Meritorious Service Medal (3rd Award) for service in a combat theater.

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 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)                                         AR20150010441



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150010441



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090007845

    Original file (20090007845.txt) Auto-classification: Denied

    The applicant states the recommendation for his award of the Meritorious Service Medal was approved through the whole chain of command with the highest recommendations and the Orders Data section of the DA Form 638 (Recommendation for Award) shows the award given as the Meritorious Service Medal. Therefore, the commanding general of the 4th Infantry Division was the approval authority for awards of the Meritorious Service Medal. The decision to award the applicant an Army Commendation...

  • ARMY | BCMR | CY2005 | 20050000566C070206

    Original file (20050000566C070206.doc) Auto-classification: Denied

    The DA Form 4980-14 provided by the applicant shows that he was awarded the Army Commendation Medal for the period 20 March 2003 to 30 April 2003 for "exceptionally meritorious service." The applicant contends that the Army Commendation Medal is not appropriate for his actions and service and that since he was recommended for award of the Bronze Star Medal his records should be corrected to show that award. However, the DA Form 638 shows that the chain of command recommended award of the...

  • ARMY | BCMR | CY2011 | 20110003286

    Original file (20110003286.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 21 September 2011 DOCKET NUMBER: AR20110003286 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He cites Army Regulation 600-8-22 (Military Awards) as saying, "After 16 January 1969 but prior to 11 September 2001, the MSM is authorized to be awarded only for meritorious service or achievement while serving in a non-combat area [emphasis added]." No one in his chain of command felt it appropriate to recommend him for award of the BSM for meritorious service or...

  • ARMY | BCMR | CY2009 | 20090017797

    Original file (20090017797.txt) Auto-classification: Approved

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant requests two Army Commendation Medals, two Army Achievement Medals, the Combat Infantryman Badge and Certificates of Achievement be added to his DD Form 214. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2012 | 20120002395

    Original file (20120002395.txt) Auto-classification: Approved

    The DD Form 214 he was issued at the time show he: a. served in Kuwait/Iraq during the period 27 October 2005 through 10 June 2006 (the DD Form 214 for the applicant's prior active service is not available for review); b. served in Kuwait/Afghanistan during the period 3 June 2008 through 4 April 2009; and c. was awarded the: * Afghanistan Campaign Medal (ACM) with Campaign Star * Army Reserve Component's Achievement Medal (2nd Award) * NDSM * Global War on Terrorism Service Medal * Iraq...

  • ARMY | BCMR | CY2013 | 20130010931

    Original file (20130010931.txt) Auto-classification: Denied

    His Army Military Human Resource Record (AMHRR) contains a number of different DD Forms 214 (Certificate of Release or Discharge from Active Duty) that document various periods of active duty performed throughout his total period of military service. The DA Form 638, dated 15 May 2012, shows: * the applicant was recommended for award of the MSM (3rd Award) by the Chief of the Army Reserve Enlisted Operations Branch, HRC * the period covered was from 10 March 2001 to 11 March 2011 (10...

  • ARMY | BCMR | CY2013 | 20130016243

    Original file (20130016243.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 May 2004 by: a. showing two awards of the Valorous Unit Award (VUA), b. showing award of the Iraq Campaign Medal (ICM) with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM), c. showing award of the Combat Action Badge (CAB), and d. adding all of his military training shown on his previous DD Form 214 for the period...

  • ARMY | BCMR | CY2013 | 20130004298

    Original file (20130004298.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 16 April 2013 DOCKET NUMBER: AR20130004298 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's request is based on the argument that the award approval authority's action to downgrade her award to an MSM was improper and illegal; however, it appears it was within the discretionary authority of the award approval authority to award the applicant the MSM in lieu of the BSM based on the current regulatory policy governing these awards. The evidence...

  • ARMY | BCMR | CY2010 | 20100028018

    Original file (20100028018.txt) Auto-classification: Approved

    The applicant provided award documents which show he was awarded the Army Achievement Medal (AAM) as follows: a. DA Form 638 (Recommendation for Award), dated 5 June 1996, recommended him for award of the Army Commendation Medal for meritorious service for the period 5 June 1992 to 22 July 1996; however, this recommendation was downgraded to an AAM. The evidence of record confirms he was awarded eight AAMs by various orders issuing authorities. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2012 | 20120002898

    Original file (20120002898.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following: * award of the: * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) * Joint Service Achievement Medal (JSAM) * Global War on Terrorism Service Medal (GWOTSM) * Iraq Campaign Medal (ICM) * Afghanistan Campaign Medal (ACM) * Combat Infantryman Bade (CIB) * Expert Infantryman Badge (EIB) * British Military Parachutist Badge * Shoulder Sleeve Insignia –...