RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 May 2007
DOCKET NUMBER: AR20070005697
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. Gerard W. Schwartz
Acting Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. William F. Crain
Chairperson
Mr. Donald L Lewy
Member
Mr. Ronald S. Venable
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his award certificate for the Bronze Star Medal, dated 26 November 2005, for the period 2 February 2005 to 30 September 2005, be removed from his Official Military Personnel File (OMPF).
2. The applicant states, in effect, that his OMPF contains two awards of the Bronze Star Medal from two different commanders for the same deployment. He was transferred from one squadron to another which was in the same OIF (Operation Iraqi Freedom) rotation and that this transfer caused him to be submitted for the same award twice.
3. The applicant provides a copy of his award certificate for the Bronze Star Medal, dated 26 November 2005, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the Regular Army in the rank and pay grade of master sergeant (MSG/E-8).
2. The applicant provides a copy of his award certificate which shows that he was awarded the Bronze Star Medal, for exceptionally meritorious service, during OIF III, for the period 2 February 2005 to 30 September 2005, while assigned to Headquarters and Headquarters Troop (HHT), 1st Squadron, 11th Armored Cavalry Regiment (ACR). His award certificate was signed by a Major General (MG), Commander, 3rd Infantry Division, and issued by Permanent Orders Number 330-43, dated 26 November 2005. His OMPF currently shows this award certificate.
3. The applicant's OMPF contain a copy of his award certificate which shows that he was awarded the Bronze Star Medal, for exceptionally meritorious service as a member of the Multi-National Corps, Iraq, during OIF, for the period 16 January 2005 to 6 December 2005, while assigned to HHT, 2nd Squadron, 11th ACR. His award certificate was signed by a Lieutenant General (LTG), Commander, United States Army, and issued by Permanent Orders Number 332-241, dated 28 November 2005.
4. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.
5. Paragraph 1-19, of Army Regulation 600-8-22 provides, in pertinent part that, "only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service."
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant was awarded the Bronze Star Medal on two occasions by two different commanders for the same deployment which occurred by his transferring from one squadron to another. Both awards are currently shown on his OMPF.
2. The applicant has requested that the first award of the Bronze Star Medal for the period 2 February 2005 to 30 September 2005, while assigned to HHT, 1st Squadron, 11th ACR, be removed from his OMPF and, in effect, that his Bronze Star Medal for the period 16 January 2005 to 6 December 2005, while assigned to HHT, 2nd Squadron, 11th ACR, remain on his OMPF.
3. The period of service of the Bronze Star Medal which the applicant wants removed is embedded in the period for the award that should remain in his OMPF.
4. Based on the foregoing, and in accordance with regulation, the applicant's OMPF erroneously shows two awards of the Bronze Star Medal, and the award certificate for the period 2 February 2005 to 30 September 2005, published by Permanent Orders Numbers 330-43, dated 26 November 2005, which should be removed from the applicant's OMPF.
BOARD VOTE:
__RSV __ _DLL___ _WFC___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by expunging the award certificate for award of the Bronze Star Medal, for the period 2 February 2005 to 30 September 2005, by Permanent Orders Number 330-43, dated 26 November 2005, from the applicant's OMPF.
____William F. Crain______
CHAIRPERSON
INDEX
CASE ID
AR20070005697
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070531
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
AR ACTIVE DUTY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
123
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3.
4.
5.
6.
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