IN THE CASE OF:	

		BOARD DATE:	  3 February 2009

		DOCKET NUMBER:  AR20080019414 


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 that Permanent Order 356-4R dated 22 December 2007 be removed from his records.

2.  The applicant states that this order revoked his Army Commendation Medal (ARCOM) order.  He explains that he was recommended for the Bronze Star Medal (BSM) but the award was downgraded to an ARCOM.  In order to resubmit the recommendation for the BSM, they revoked his ARCOM.  When the BSM was disapproved a second time, he should have retained the ARCOM, but that award had been revoked.  

3.  The applicant provides a sworn statement from a specialist who states that she had revoked a batch of ARCOM orders when she was told that those soldiers' recommendations for the BSM (which included the applicant) were to be resubmitted.  He also submits his ARCOM certificate and the revocation orders he is requesting to be removed from his records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 7 May 1987, served through reenlistments, and was promoted to pay grade E-7.

2.  The applicant's military records do not contain a copy of the ARCOM order which was revoked by Permanent Order 356-4R, and does not contain a BSM recommendation which was downgraded to an ARCOM.

3.  At the time the applicant submitted his request to the Board he was serving on active duty in pay grade E-7.

4.  Army Regulation 600-8-104, paragraph 2–4, Changing the OMPF, states that once placed in the Official Military Personnel File (OMPF), the document becomes a permanent part of that file. The document will not be removed from the OMPF unless directed by the following:

	(1) The Army Board for Correction of Military Records (ABCMR).

	(2) The Department of the Army Suitability Evaluation Board (DASEB).

	(3) Army appeal boards.

	(4) Chief, Appeals and Corrections Branch, PERSCOM.

	(5) The OMPF custodian when documents have been improperly filed.

	(6) Commander, PERSCOM, ATTN: TAPC–PDO–PO, as an approved policy change to this regulation.

	(7) Chief, Appeals Branch, ARPERCEN.

	(8) Chief, Appeals Branch, National Guard Personnel Center.

DISCUSSION AND CONCLUSIONS:

1.  Once an order is revoked, it no longer exists.  As such, the removal of the revocation of the applicant's ARCOM order would not reinstate his ARCOM.

2.  While the applicant states that he was awarded an ARCOM when his BSM recommendation was downgraded, there is no record of a BSM being downgraded to an ARCOM in the applicant's records.  The only verification of the applicant's contention is a statement from a specialist. 

3.  If the applicant's ARCOM order was revoked in error, the proper course of action would be to publish a new ARCOM order, subject to the approval of the appropriate authority.  Since the applicant is still on active duty, this would be the appropriate course of action to pursue.

4.  In view of the foregoing, there is no basis for granting the applicant's request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _ 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)                                         AR20080019414





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ABCMR Record of Proceedings (cont)                                         AR20080019414



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