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
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ABCMR Record of Proceedings (cont) AR20150010441
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