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ARMY | BCMR | CY2002 | 2002080079C070215
Original file (2002080079C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR2002080079


         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
Mr. Robert J. McGowan Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Ms. Margaret V. Thompson Member
Mr. Richard T. Dunbar 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 that a duplicate award of the Army Commendation Medal (ARCOM) be deleted from his Official Military Personnel File (OMPF).

3. The applicant states that his OMPF contains two awards of the ARCOM (DA Forms 4980) for the same duty period. The DA Form 4980 citing Permanent Orders #21-20 is correct; the one citing Permanent Orders #21-5 is incorrect.

4. The applicant’s military records show that he was commended for his duty performance while assigned to the 11th Armored Cavalry Regiment, Fort Irwin, California, during the period 1994-2000. He received two ARCOM's for the same duty performance. DA Form 4980 (Permanent Orders #21-5, dated 21 January 1998) covers the period 18 September 1994 to 12 March 1998 and DA Form 4980 (Permanent Orders #21-20, dated 21 January 200) covers the period 20 September 1994 to 1 May 2000.

5. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states, in pertinent part, that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

CONCLUSIONS:

1. Contrary to Army regulations, the applicant was awarded two ARCOM's for the same period of meritorious service.

2. The DA Form 4980 (Permanent Orders #21-20, dated 21 January 2000) covers a slightly more inclusive period and is the correct award.

3. DA Form 4980 (Permanent Orders #21-5, dated 21 January 1998) is a duplicate and should be removed from the applicant's OMPF.

4. 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 deleting from the OMPF of the individual concerned DA Form 4980 (Permanent Orders #21-5, dated 21 January 1998) awarding the ARCOM for the period 18 September 1994 to 12 March 1998.

BOARD VOTE:

__jhl___ __mvt___ __rtd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002080079
SUFFIX
RECON
DATE BOARDED 20021017
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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