IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110003286


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 his Meritorious Service Medal (MSM) be upgraded to a Bronze Star Medal (BSM).

2.  The applicant states the MSM is for appropriate recognition for noncombat achievement or service, while the BSM is for combat achievement or service.  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]."

3.  The applicant provides:

* an 8 February 2011 statement
* a DA Form 4980-12 (MSM Certificate)
* an internet document concerning the MSM
* a copy of paragraphs 3-14, 3-15, and 3-16 of Army Regulation 600-8-22
* a copy of a DA Form 638 (Recommendation for Award)
* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant is a master sergeant (MSG/E-8), U.S. Army Reserve (USAR).

2.  During the period 18 April 2008 through 7 March 2009, he served in an imminent danger pay (IDP) area.  His DA Form 2166-8 (NCO Evaluation Report) for the period shows he served at Camp Arifjan, Kuwait (Army Post Office (APO) AE 09366).

3.  The applicant received the MSM for his duty performance as the Distributions Management Center (DMC) Noncommissioned Officer-in-Charge (NCOIC) for the 1st Sustainment Command, Camp Arifjan, Kuwait.  This is an IDP area.

4.  According to 32CFR578.18 (Title 32, Code of Federal Regulations, Section 578.18), the MSM "… is awarded to any member of the Armed Forces of the United States…who has distinguished himself or herself by outstanding meritorious achievement or service under the following circumstances:  2) On or after September 11, 2001, for outstanding non-combat meritorious achievement or service in a non-combat or combat area [emphasis added]."

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants the BSM instead of the MSM.  He was stationed in Kuwait as the DMC NCOIC for the 1st Sustainment Command, a non-combat assignment.

2.  The applicant mistakenly argues the MSM is not awarded for service in a combat zone.  32CFR578.18 clearly states the MSM may be awarded on or after 11 September 2001 for "…out-standing non-combat meritorious achievement or service in a non-combat or combat area [emphasis added]."

3.  The applicant's recommendation for award of the MSM went through command channels and was approved as recommended.  No one in his chain of command felt it appropriate to recommend him for award of the BSM for meritorious service or achievement.  It appears the decision of the applicant's chain of command was appropriate and within regulatory/statutory guidance.

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 that 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)                                         AR20110003286





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ABCMR Record of Proceedings (cont)                                         AR20110003286



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