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ARMY | DRB | CY2006 | 20060001530
Original file (20060001530.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 March 2006
      DOCKET NUMBER:  AR20060001530


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Larry W. Racster              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that Headquarters, 1st Cavalry Division
Permanent Orders #019-01 dated 19 January 2006 be removed from his Official
Military Personnel File (OMPF).

2.  The applicant states he was awarded the Bronze Star Medal (BSM) for his
service in Iraq.  The Meritorious Service Medal (MSM) was erroneously
awarded for the same act of service and filed in his OMPF.  Upon discovery
of the error, the MSM was revoked.  All MSM documents were removed from his
OMPF with the exception of the revocation orders.

3.  The applicant provides his BSM orders and award certificate; a DA Form
638 (Recommendation for Award); his MSM orders and award certificate; and
orders revoking the MSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in Operation Enduring Freedom.

2.  After having had prior enlisted service, the applicant was appointed a
warrant officer and entered active duty on 16 January 2002.

3.  On a DA Form 638 dated 12 March 2005 (sic, the chain of command's
recommendations were made in September and October 2004), the applicant was
recommended for award of the MSM for the period 22 February 2004 to     12
March 2005.  Headquarters, 1st Cavalry Division Permanent Orders #302-115
dated 28 October 2004 awarded him the MSM for the period 22 February 2004
to 12 March 2005.

4.  Headquarters, 1st Cavalry Division Permanent Orders #302-115 (sic)
dated 28 October 2004 (sic) (these orders are not noted as a corrected
copy) awarded the applicant the BSM for the period 22 February 2004 to 12
March 2005.

5.  Headquarters, 1st Cavalry Division Permanent Orders #019-01 dated
    19 January 2006 revoked Headquarters, 1st Cavalry Division Permanent
Orders #301-115 dated 28 October 2005 (sic) pertaining to award of the MSM
to the applicant.

6.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records) states award orders will be filed on the performance
portion of the OMPF.

DISCUSSION AND CONCLUSIONS:

The applicant's MSM order was revoked and his MSM orders were removed from
his OMPF.  It would be appropriate to remove the orders revoking his MSM
from his OMPF, also.

BOARD VOTE:

__kan___  __lcb___  __lwr___  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
removing Headquarters, 1st Cavalry Division Permanent Orders #019-01 dated
 19 January 2006 (which revoked the orders awarding him the MSM) from his
OMPF.




                                  __Kathleen A. Newman__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001530                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060314                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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