PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           28 MARCH 2002
	DOCKET NUMBER:   AR2001066237

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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, in effect, that her 2001 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Legion of Merit and to delete her third award of the Meritorious Service Medal.  In support of her request, she submits a copy of orders awarding her the Legion of Merit and revoking an earlier award of the Meritorious Service Medal.

3.  Records available to the Board indicate that the applicant served on continuous active duty between May 1975 and May 2001.  

4.  Prior to her May 2001 retirement from active duty, the applicant was awarded a Meritorious Service Medal for the period 1 May 1991 to 1 May 2001.  Orders confirming the award were published in October 2000.  In September 2001 the applicant was awarded the Legion of Merit and the October 2000 orders awarding the applicant her third Meritorious Service Medal were revoked.  The order is already reflected in her OMPF (Official Military Personnel File).

5.  The applicant’s May 2001 DD Form 214 reflects award of three Meritorious Service Medal, which includes the October 2000 award.  Her Legion of Merit is not reflected on the separation document.

6.  Army Regulation 600-8-22 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 in the same orders published for the higher award.

CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded her third Meritorious Service Medal as an interim award pending action on a Legion of Merit recommendation.  The Legion of Merit was ultimately approved and the Meritorious Service Medal was appropriately revoked.  Her records should be corrected accordingly.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing on her 2001 DD Form 214 that the individual concerned was awarded a Legion of Merit and two awards of the Meritorious Service Medal.

BOARD VOTE:  

__FNE_ _  ___LE_ _   __TL ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001066237	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020328	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.