BOARD DATE: 5 June 2014 DOCKET NUMBER: AR20130017410 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit in lieu of the Meritorious Service Medal (4th Award). 2. The applicant states the recommendation for award of the Legion of Merit was originally downgraded to the Meritorious Service Medal, but the award recommendation was then approved as a Legion of Merit right before her retirement. 3. The applicant provides: * DD Form 214 * memorandum from Headquarters, U.S. Army Medical Command * DA Form 638 (Recommendation for Award) * Legion of Merit Certificate * Headquarters, U.S. Army Medical Department Center and School Permanent Order 179-01 CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 5 June 1990. She entered active duty on 20 June 1990. She served in a variety of assignments and she attained the rank of lieutenant colonel. 2. On 8 February 2013, her supervisor recommended her for award of the Legion of Merit for service from 1 June 2003 to 31 May 2013 in connection with her retirement. The company commander recommended approval on 9 December 2012. However, the battalion and brigade commanders recommended downgrading the award to a Meritorious Service Medal on 10 and 12 December 2012. 3. U.S. Army Medical Department Center and School, Fort Sam Houston, Permanent Order Number 127-02, dated 7 May 2013, awarded her the Meritorious Service Medal for service from 1 June 2003 to 31 May 2013. The resulting Meritorious Service Medal Certificate is filed in her Official Military Personnel File (OMPF). 4. On 14 June 2013, the Commanding General, U.S. Army Medical Command, Fort Sam Houston, approved the recommended award as a Legion of Merit. a. Headquarters, U.S. Army Medical Command, Fort Sam Houston, Permanent Order Number 165-103, dated 14 June 2013, awarded her the Legion of Merit for service from 1 June 2003 to 31 May 2013. The resulting Legion of Merit Certificate is filed in her OMPF. b. Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, Permanent Order 179-01, dated 28 June 2013, revoked Permanent Order Number 127-02, dated 7 May 2013, awarding her the Meritorious Service Medal (4th Award). This revocation order is not filed in her OMPF. 5. She retired on 31 August 2013 and she was placed on the Retired List in the rank of lieutenant colonel on 1 September 2013. Her DD Form 214 shows she was awarded or authorized, in part, the: * Meritorious Service Medal (4th Award) DISCUSSION AND CONCLUSIONS: 1. The applicant was recommended for award of the Legion of Merit. Her intermediate chain of command recommended downgrading the award to the Meritorious Service Medal and issued orders awarding her the Meritorious Service Medal. The resulting Meritorious Service Medal Certificate is filed in her OMPF. 2. The approval authority approved award of the Legion of Merit after she had already been awarded the Meritorious Service Medal for the same period of service. Although the Meritorious Service Medal orders were revoked, the corresponding certificate remains in her OMPF and her DD Form 214 shows award of the Meritorious Service Medal (4th Award). 3. Therefore, she is entitled to correction of her OMPF by removing the Meritorious Service Medal Certificate and corresponding orders. She is also entitled to correction of her DD Form 214 by deleting award of the Meritorious Service Medal (4th Award) and adding award of the Legion of Merit and Meritorious Service Medal (3rd Award). BOARD VOTE: ___X_____ __X______ _X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the Meritorious Service Medal Certificate for the period 1 June 2003 to 31 May 2013 from her OMPF * removing U.S. Army Medical Department Center and School, Fort Sam Houston, Permanent Order Number 127-02, dated 7 May 2013, from her OMPF * removing Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, Permanent Order 179-01, dated 28 June 2013, from her OMPF * deleting award of the Meritorious Service Medal (4th Award) from her DD Form 214 * adding award of the Legion of Merit and Meritorious Service Medal (3rd Award) to her DD Form 214 ___________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) AR20130017410 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130017410 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1