ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20180001564 APPLICANT REQUESTS: in effect, an upgrade of his Meritorious Service Medal (MSM) to a Bronze Star Medal (BSM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 638 (Recommendation for Award) * MSM Certificate * DA Form 67-9 (Officer Evaluation Report) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Human Resources Command (HRC) Memorandum dated 10 January 2018 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was erroneously awarded the MSM rather than the BSM for a combat tour in Afghanistan from 2006 to 2007. Based on the details provided in the original award recommendation and the approved citation, the award recognizes specific combat achievements and/or service rendered under combat conditions. He further noted that in accordance with Army Regulation (AR) 600-8-22 (Military Awards), paragraph 3-15 and 3-16, the MSM appears to have been awarded erroneously and the BSM would be a more appropriate, equivalent award. 3. The applicant provides: a. The MSM award recommendation which states: * he participated in over 80 combat patrols and missions with numerous security forces within Afghanistan * serving on a rotating basis in Kandak, he has improved the area, rectified major issues, and through his leadership and guidance, he has enhanced the force protection for each area * he successfully coordinated and repositioned embedded tactical trainers and Afghanistan National Army personnel from Kabul to Wardak and Logar Provinces with minimal guidance and minimal support * as the S4 at Camp Shelby from 8 January 2006 to 23 February 2006, he coordinated, equipped and assisted all 9 of the mobilized embedded training teams by acquiring their requisite items for operations in theater b. The MSM Certificate states for meritorious performance as an embedded trainer, the applicant distinguished himself as both a company team chief and a battalion team chief, significantly improving the operational readiness of the 1st Kandak. His leadership and communications skills effectively guidance the 1st Kandak’s leadership in implementing training and operational plans that resulted in professional growth and improved readiness, leading to successful combat operations. The period of award is from 8 January 2006 to 23 February 2007. c. His Officer Evaluation Report, for the period of 8 January 2006 to 7 January 2007, which states he performed as a mentor and advisor for the Afghanistan National Army (ANA) and he led more than 100 combat missions, proving he could perform with sound tactical judgement while under heavy and direct enemy fire. Among other accomplishments, the evaluation report also noted he operated as the team chief for three consecutive months and worked with coalition forces while suffering the harshest conditions with them in the field. The rater provided a “satisfactory performance” rating and the senior rater marked him “fully qualified.” d. His DD Form 214 shows his service in Afghanistan from 24 February 2006 to 21 February 2007. e. HRC denial letter dated 10 January 2018. 4. Review of the applicant’s service record shows: a. He was appointed as commissioned officer in the Army Reserve and executed an oath of office on 1 June 1990. b. He was mobilized and entered active duty on 5 January 2006. He served in Afghanistan from 24 February 2006 to 21 February 2007. c. He was awarded the Meritorious Service Medal for meritorious service in support of Operation Enduring Freedom from 8 January 2006 to 23 February 2007. d. His most recent period of service shows he was honorably released from active duty on 12 December 2017. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 1 year of active service with 5 years, 8 months, and 25 days of prior active service, and 23 years 3 months, and 9 days of total prior inactive service. It also shows he was awarded or authorized: * Afghanistan Campaign Medal with Campaign Star * Meritorious Service Medal * Army Commendation Medal (3rd Award) * Army Achievement Medal * Army Reserve Component Achievement Medal (7th Award) * National Defense Service Medal (2nd Award) * Global War on Terrorism Service Medal * Armed Forces Service Medal * Iraq Campaign Medal with Campaign Star * Army Service Ribbon * Overseas Service Ribbon * NATO Medal * Combat Infantryman Badge * Parachutist Badge e. On 10 January 2018, the Awards and Decorations Branch at HRC disapproved his request for award of the BSM for service performed in support of Operation Enduring Freedom. HRC stated it had no authority to make award determinations based on allegations of procedural error and recommended he submit an appeal of the award. 5. By regulation, the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 6. By regulation, the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the enclosed memorandum from the Chief of the Awards and Decorations Branch at HRC, the Board concluded that the MSM was erroneously awarded and that the Bronze Star Medal would be more appropriate for the achievements outline within the award recommendation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by: * (Item 13) remove “MERITORIOUS SERVICE MEDAL” * (Item 13) add “BRONZE STAR SERVICE MEDAL” 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. ABCMR Record of Proceedings (cont) AR20180001564 4 1