PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 November 2000
	DOCKET NUMBER:   AR2000042525

	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	
	Ms. Lisa O. Guion		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Ms. Barbara J. Lutz		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reinstatement of the Meritorious Service Medal (MSM) that was awarded to him under Permanent Order 051-003 dated 20 February 1997.

3.  The applicant states that while reviewing his military records on 
2 December 1999, he noticed that the MSM that had been awarded to him on
20 February 1997 had been revoked without his knowledge.  He states that the revocation was improper and did not follow procedures outlined in the applicable regulation, in that he was not notified of the revocation and that he was not informed that he could appeal the revocation action through proper command channels.

4.  The applicant further states that he did not work for the commander who recommended revocation of the award, and that he, himself, the brigade commander who made the recommendation for the award, his command sergeant major, and the brigade S-4 officer (his immediate supervisor) had all departed the command at the time that the recommendation to revoke the order was made by the new brigade commander.

5.  At the time he submitted his application, the applicant was serving on active duty in the rank of master sergeant (E-8).  His military records and the evidence submitted by him show that he was awarded the MSM for exceptionally meritorious service while assigned to Headquarters, United States Army Training Center and Fort Jackson (HQ, USATC&FJ), Fort Jackson, South Carolina for the period 17 January 1995 to 22 February 1997.

6.  Shortly thereafter, the applicant was reassigned to Korea and departed his unit at Fort Jackson.

7.  On 8 October 1997, the successor to the brigade commander who made the award recommendation requested that the applicant’s award of the MSM be revoked based upon the results of a Criminal Investigation Division Report – Crime Prevention Investigation conducted in September 1997.  It was determined from the investigation that procedural errors involving the processing of Reports of Survey had taken place resulting in losses to the government totaling several thousand dollars. The brigade commander also stated that the applicant, as the Brigade S-4 noncommissioned-officer-in-charge, was directly responsible for ensuring that all Reports of Survey were handled in accordance with applicable regulations.

8.  On 30 October 1997 Permanent Order 303-001, HQ, USATC&FJ was published revoking the applicant’s award of the MSM.

9.  In an effort to have the MSM reinstated the applicant sought assistance from the Inspector General, HQ, USATC&FJ on 15 December 1999.  On 8 March 2000, the Inspector General forwarded a letter to the applicant informing him that a thorough inquiry concerning the revocation of his award of the MSM had been conducted and his allegation that proper administrative procedures were not followed was substantiated.

10.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM), Military Awards Branch.  The opinion stated that the applicant is entitled to have his award of the MSM reinstated.  The Commander, USATC&FJ failed to follow the established administrative procedures contained in paragraph 1-29, Army Regulation 
600-8-22 and erroneously revoked the applicant’s award of the MSM.  Consequently, the Military Awards Branch revoked Permanent Order 303-001 (the orders that revoked the award) by Permanent Order 249-3, PERSCOM, dated 5 September 2000.  

11.  The opinion further opined that all Permanent Orders which announce, amend, or revoke military awards are filed in the Commendatory Data (CD) Section of the microfiche Official Military Personnel File (OMPF) for career management purposes and that there are no administrative provisions for removing those orders which have been revoked.  The opinion further states that published orders that have been filed in the CD Section of a soldier’s microfiche OMPF and subsequently revoked tend to unnecessarily clutter that portion of the OMPF, which is most closely reviewed by career managers and promotion and school selection boards.

12.  The opinion recommended that Permanent Order 303-001 dated 30 October 1997 be removed from the applicant’s microfiche OMPF and that the Commander, United States Army Enlisted Records and Evaluation Center be directed to obliterate frame G-2 from the CD Section of his microfiche OMPF.

13.  The applicant has been provided a copy of the advisory opinion and he concurs with its findings and recommendation.

14.  Army Regulation 600-8-22 paragraph 1-29 provides that once an award has been presented, it may be revoked by the awarding authority if facts 

subsequently determined would have prevented original approval of the award, 
had they been known at the time.  It further provides, upon revocation, the affected individual will be informed that he or she may appeal the revocation action through command channels to the Commander, PERSCOM for final review. 

CONCLUSIONS:

1.  The PERSCOM determined that Permanent Order 303-001, HQ, USATC&FJ, Fort Jackson, South Carolina, dated 30 October 1997 erroneously revoked the applicant’s award of the MSM because established procedures were not followed.

2.  Since the PERSCOM has already revoked the erroneous revocation orders, no action by the Board is required to reinstate the MSM, however, there are no administrative provisions for orders that have been revoked to be removed from the CD Section of the microfiche OMPF.  

3.  Since the CD Section of the microfiche OMPF is most closely reviewed by career managers and promotion and school selection boards, it would be equitable and just to obliterate Permanent Order 303-001 dated
30 October 1997, from frame G-2 of the CD Section of the applicant’s microfiche OMPF.

4.  Also, since Permanent Orders announcing, amending, or revoking military awards are routinely filed in the CD Section of a soldier’s microfiche OMPF, the interest of justice dictates that PERSCOM Permanent Order 249-3, dated 
5 September 2000, which revoked the orders revoking the award of the MSM should not be filed in the applicant’s OMPF.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by obliterating from the microfiche OMPF of the individual concerned frame G-2 of the CD Section, which contains Permanent Orders 303-001, HQ, USATC&FJ, dated 30 October 1997.  

2.  That, as an exception to policy, Permanent Order 249-3, U.S. Total Amy Personnel Command, dated 5 September 2000, not be filed in the individual’s microfiche OMPF.  

BOARD VOTE:  

__JLP___  __OWT _   __BJL__   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Jennifer L. Prater___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042525	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001114	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0017.0000	
2.		
3.		
4.		
5.		
6.