IN THE CASE OF: 
 
  BOARD DATE: 19 December 2023 
 
  DOCKET NUMBER: AR20230002584 
 
 
APPLICANT REQUESTS: in effect, correction of his military records and DD Form 214 (Certificate of Release or Discharge from Active Duty), for period ending 10 April 2014, by deleting the Army Commendation Medal (2nd Award) and replacing with the Meritorious Service Medal. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Two DA Forms 638 (Recommendation for Award) 

• DA Form 4980-12 (Meritorious Service Medal Certificate) 

• DA Form 4980-14 (Army Commendation Medal Certificate) 
 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) 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, in effect: 
 
 a.  During his deployment to Afghanistan from 2013 to 2014, his unit recommended him for the Meritorious Service Medal, but a Colonel (COL)/O-6 who was outside of his chain of command downgraded the award to an Army Commendation Medal; the period of the award was 20130315 to 201040105, and it was announced by Permanent Orders (PO) Number 325-002, dated 21 November 2013 and. Subsequently, a Brigadier General (BG)/O-7 approved a Meritorious Service Medal for the same time period on PO Number 307-118, dated 5 December 2013. 
 
 b.  Currently, the Army Commendation Medal is in the applicant's iPERMS (Interactive Personnel Electronic Records Management System), but he would like it removed and replaced with the Meritorious Service Medal. The applicant cites Army Regulation (AR) 600-8-22 (Military Awards (apparently referring to the version currently in effect), which states in Table 3-3 (Delegation of Award Approval Authority – Peacetime Criteria) that, unless delegated, the approval authority for a Meritorious Service Medal is an O-7. The applicant points out that no such delegation of authority was included in the finalized DA Form 638. 
 
 c.  The applicant states, "My chain of command when I stayed on after my organic unit left (Afghanistan) presented me with the Army Commendation Medal, in which I originally thought I received for extending and becoming Sergeant of the Guard for (the camp). I was properly presented the Meritorious Service Medal by my organic unit 2 months earlier and this is why I am asking for the Meritorious Service Medal to be placed in my record." 
 
3.  The applicant provides two DA Forms 638, with associated awards certificates.  
 
 a.  Both DA Forms 638 are dated 24 September 2013, contain undated digital signatures, and both reflect the following additional information:  
 
• The recommender is the applicant's squad leader (Sergeant A__ A. C__) 

• The period is 15 March 2013 to 5 January 2014  

• Part III (Justification and Citation Data) – the achievements and proposed citation are identical 

• Part IV (Recommendations/Approval/Disapproval) – the applicant's company commander recommends approval, on 24 September 2013, and, on 22 October 2013, the Task Force Chief of Staff recommends disapproval 
 
 b.  The forms differ at the Task Force commander level and above: 
 
  (1)  On the DA Form 638 showing the Meritorious Service Medal's approval, the Task Force commander (COL S__ C__) recommended approval, on 27 October 2013; the O-7 subsequently approved the award and directed the publishing of PO Number 307-118, on 5 December 2013. 
 
  (2)  The DA Form 638 authorizing the Army Commendation Medal shows COL S__ C__ directed the downgrade from Meritorious Service Medal, on 20 November 2013, and, on 21 November 2013, the Task Force published PO Number 325-002 for the Army Commendation Medal. 
 
4.  A review of the applicant's service record reveals the following: 
 
 a.  On 14 August 2008, the applicant enlisted into the Michigan Army National Guard (MIARNG) for 8 years. On 13 February 2012, Title 10, USC, section 12302 (Ready Reserve) orders called the applicant to active duty. On 3 May 2012, he deployed to Afghanistan; on 17 January 2012, he redeployed to the continental United States (CONUS). PO Number 298-12, dated 1 February 2013, awarded the applicant the Army Commendation Medal (1st Award) for the period 3 May 2012 to 15 January 2013. On 20 February 2013, orders honorably REFRAD the applicant and returned him to the MIARNG. 
 
 b.  On 15 March 2013, Title 10, USC, section 12302 orders again called the applicant to active duty, and, on 5 May 2013, he deployed to Afghanistan. The applicant's online service record contains the DA Form 638 awarding him the Army Commendation Medal (2nd Award), per PO Number 325-002. On 6 February 2014, the applicant redeployed to CONUS, and, on 10 April 2014, orders honorably REFRAD him and returned him to the MIARNG.  
 
 c.  On 30 March 2020, Title 10, USC, section 12302 orders called the applicant to active duty; on 5 September 2021, orders honorably REFRAD the applicant and returned him to the MIARNG. On 31 August 2022, PO Number 243-006, issued by Headquarters, 46th Military Police Command, awarded the applicant the Army Commendation Medal (3rd Award). The applicant is currently serving in the MIARNG on Full-Time National Guard Duty – Operational Support orders. 
 
5.  AR 600-8-22, currently in effect, prescribes policies and procedures for military awards. 
 
 a.  Paragraph 1-19 (Duplication of Awards). Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. 
 
 b.  Paragraph 1-30 (Revocation of Personal Decorations and Suspension of Authority to Wear).  
 
  (1)  Once an award has been approved, the same command may revoke the award. If the award has not been presented, the awarding authority may revoke the award without informing the affected Soldier. However, if the award has been made a matter of permanent record, the command must inform the Soldier and correct the permanent record.  
 
  (2)  Upon revocation, the affected individual will be informed that he or she may appeal the revocation action through command channels to Commander, U.S. Army Human Resources Command (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408 for review. 
 
 c.  Paragraph 3-6 (Peacetime Award Approval Authority). Awards for peacetime service are made by the President, Secretary of Defense, and Secretary of the Army. When peacetime criteria applies, authority to award decorations is automatically delegated as shown in table 3–3.  
  (1)  Commanders can only approve awards for Servicemembers that are assigned or attached to their organizations by appropriate orders or other documentation. When Servicemembers perform duties with a command to which they are not assigned or attached, award recommendations must be submitted to their parent unit/chain of command for approval. 
 
  (2)  Commanders having authority to approve an award may delegate disapproval authority (to include downgrade) to their immediate subordinate commanders, provided those subordinate commanders have authority to approve the next lower award. This delegation must be in writing and will be accomplished with each change of command. 
 
 d.  Paragraph 3-7 (Wartime Conditions Award Approval Authority). The Medal of Honor is awarded only by the President of the United States. Other decorations are awarded by the President, the Secretary of Defense, and the Secretary of the Army. When wartime conditions erupt, authority to further delegate decorations approval authority will be requested from the Secretary of the Army. 
 
 e.  Paragraph 3-17 (Meritorious Service Medal (MSM)).  
 
  (1)  The MSM may be awarded to any Servicemember of the Armed Forces of the United States or to any member of the armed forces of a friendly foreign nation who has distinguished himself or herself by outstanding meritorious achievement or service.  
 
  (2)  Effective 11 September 2001 to a date to be determined, the Deputy Chief of Staff, G–1 granted an exception to policy to award the MSM in a combat theater for noncombat meritorious achievement and service for the Global War on Terrorism era. The MSM may be awarded for outstanding achievement or service while serving in a combat zone, combat zone tax exclusion area, and areas authorized for hostile fire pay, imminent danger pay, or hazardous duty pay. If downgraded, a Meritorious Service Medal recommendation will be downgraded to an Army Commendation Medal. 
 
 f.  Paragraph 3-19 (Army Commendation Medal). The Army Commendation Medal may be awarded to any Servicemember of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service; it may be awarded for combat related service or achievement after 29 February 1964.  
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The 
evidence shows the applicant was awarded two awards, an ARCOM and an MSM, for the same period of meritorious service, from 15 March 2013 to 5 January 2014, by the same chain of command. The regulation that governs Army awards stipulates that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. The Board reviewed both awards and determined the MSM is the appropriate award and would take precedence since the brigade commander who later approved the ARCOM also recommended approval of the MSM prior to approving the ARCOM. It is possible the MSM (or the ARCOM) was later revoked, but there is no way to verify that. Based on the available evidence the Board determined the ARCOM should be revoked and the MSM should stand.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
:xx :xx :xx 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 and Army National Guard records of the individual concerned be corrected by voiding Order Number 325-002, issued Task Force Tarpon, Camp Phoenix, Afghanistan on 21 November 2013, awarding him the Army Commendation Medal and removing the resultant certificate from his official records. 
 
  12/19/2023

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 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.   
 
2.  AR 600-8-22, currently in effect, prescribes policies and procedures for military awards. 
 
 a.  Paragraph 1-19 (Duplication of Awards). Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. 
 
 b.  Paragraph 1-30 (Revocation of Personal Decorations and Suspension of Authority to Wear).  
 
  (1)  Once an award has been approved, the same command may revoke the award. If the award has not been presented, the awarding authority may revoke the award without informing the affected Soldier. However, if the award has been made a matter of permanent record, the command must inform the Soldier and correct the permanent record.  
 
  (2)  Upon revocation, the affected individual will be informed that he or she may appeal the revocation action through command channels to Commander, U.S. Army Human Resources Command (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408 for review. 
 
 c.  Paragraph 3-6 (Peacetime Award Approval Authority). Awards for peacetime service are made by the President, the Secretary of Defense, and the Secretary of the Army. When peacetime criteria apply, authority to award decorations is automatically delegated as shown in table 3–3.  
 
  (1)  Commanders can only approve awards for Servicemembers that are assigned or attached to their organizations by appropriate orders or other documentation. When Servicemembers perform duties with a command to which they are not assigned or attached, award recommendations must be submitted to their parent unit/chain of command for approval. 
 
  (2)  Commanders having authority to approve an award may delegate disapproval authority (to include downgrade) to their immediate subordinate commanders, provided those subordinate commanders have authority to approve the 
next lower award. This delegation must be in writing and will be accomplished with each change of command. 
 
 d.  Paragraph 3-7 (Wartime Conditions Award Approval Authority). The Medal of Honor is awarded only by the President of the United States. Other decorations are awarded by the President, the Secretary of Defense, and the Secretary of the Army. When wartime conditions erupt, authority to further delegate decorations approval authority will be requested from the Secretary of the Army. 
 
 e.  Paragraph 3-17 (Meritorious Service Medal).  
 
  (1)  The Meritorious Service Medal may be awarded to any Servicemember of the Armed Forces of the United States or to any member of the armed forces of a friendly foreign nation who has distinguished himself or herself by outstanding meritorious achievement or service.  
 
  (2)  Effective 11 September 2001 to a date to be determined, the Deputy Chief of Staff, G–1 granted an exception to policy to award the MSM in a combat theater for noncombat meritorious achievement and service for the Global War on Terrorism era. The Meritorious Service Medal may be awarded for outstanding achievement or service while serving in a combat zone, combat zone tax exclusion area, and areas authorized for hostile fire pay, imminent danger pay, or hazardous duty pay. If downgraded, a Meritorious Service Medal recommendation will be downgraded to an Army Commendation Medal. 
 
 f.  Paragraph 3-19 (Army Commendation Medal). The Army Commendation Medal may be awarded to any Servicemember of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service; it may be awarded for combat related service or achievement after 29 February 1964.  
 
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