IN THE CASE OF:	  

		BOARD DATE:  10 October 2013

		DOCKET NUMBER:  AR20130013895 


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 correction of his record by removing Permanent Order 181-001, issued by Headquarters, 4th Expeditionary Sustainment Command (ESC), San Antonio, TX, dated 30 June 2012, awarding him the Meritorious Service Medal (MSM) from his Army Military Human Resource Record (AMHRR).

2.  He states the award of the MSM was superseded by a Legion of Merit (LOM). He is being over-awarded since the MSM and LOM cover the same period of service.

3.  He provides:

* LOM certificate containing Permanent Order Number 333-011, issued by the U.S. Army Reserve (USAR) Command, Fort Bragg, NC, dated
28 November 2012
* MSM certificate containing Permanent Orders Number 181-001, dated 
30 June 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 August 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant in the USAR on
23 May 1984.  He served in a variety of staff and leadership positions and he attained the rank of colonel.

2.  His record contains a copy of Permanent Orders 108-33, issued by Headquarters, 2d Infantry Division, dated 22 May 1989, that awarded him the MSM for the period 6 June 1988 to 6 July 1989. 

3.  Headquarters, 4th Expeditionary Sustainment Command, San Antonio, TX, Permanent Orders 181-001, dated 30 June 2012, show he was awarded the MSM for meritorious service for the period 16 March 2008 to 30 June 2012.  The award states it was for exceptionally meritorious service as the 211th Regional Support Group Commander.

4.  Permanent Order 333-011, dated 28 November 2012, awarded him the LOM for meritorious service for the period 16 March 2008 to 7 July 2012.

5.  His DD Form 214 for the period ending 12 August 2013 lists the award of an MSM and the LOM.

6.  Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

7.  The same regulation states to ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award.  When a higher award is approved, the approving authority will revoke the interim award using a separate permanent order.  The decoration will be returned by the recipient.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant was awarded the MSM as an interim award pending the final decision on his recommendation for the LOM, which was subsequently approved.  The evidence shows he received two awards for the same period which is prohibited by Army regulation.  Therefore, it would be appropriate to revoke the MSM awarded on 30 June 2012.

2.  His record shows he was previously awarded an MSM by Permanent Orders 108-33, dated 22 May 1989.  Further, his DD Form 214 shows only one award of the MSM.  Therefore, the revocation of the MSM awarded on 30 June 2012 requires no correction to his DD Form 214.

BOARD VOTE:

____X___  ____X___  ___X__ _  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:

	a.  Revoking Permanent Order Numbeer 181-001, issued by Headquarters, 4th ESC, San Antonio, TX, dated 30 June 2012;

	b.  Removing Permanent Order Number 181-001 from his AMHRR; and

	c.  Ensuring the revocation orders are not filed in his AMHRR.



      _______ _  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)                                         AR20130013895



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