IN THE CASE OF:
BOARD DATE: 7 October 2008
DOCKET NUMBER: AR20080011382
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 Orders Number 149-004, awarding him the Army Commendation Medal (ARCOM), be removed from his Official Military Personnel File (OMPF).
2. The applicant states that the ARCOM was upgraded to a Meritorious Service Medal (MSM). His current personnel office is submitting the MSM to his OMPF, and he would like the ARCOM removed from his OMPF.
3. The applicant provides an ARCOM award certificate and an MSM award certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 12 February 1991.
2. Headquarters, 4th Infantry Division, Fort Hood, TX, Permanent Orders Number 149-004, dated 29 May 2007, awarded the applicant the ARCOM for meritorious service for the period 13 August 2004 to 20 June 2006.
3. Headquarters, Fort Carson, Permanent Order Number 267-06, dated 24 September 2007, awarded the applicant the MSM for meritorious service for the period 13 August 2004 to 20 June 2007.
4. Both the ARCOM award certificate and the MSM award certificate under consideration are filed in the applicants OMPF.
5. The 4th Infantry Division awards section at Fort Carson, CO, could not find orders revoking the applicants ARCOM, could not find a record that revocation orders had been issued, and could not determine if the revocation orders would have been revoked by Fort Carson or by Fort Hood. (The 4th Infantry Division is split-based with two maneuver brigades located at Fort Carson, CO, and the remainder of the division at Fort Hood, TX.)
6. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) sets forth the policies, operating tasks and steps for governing the OMPF; the Military Personnel Records Jacket; the Career Management
Individual File; Army Personnel Qualification Records; and Military Personnel Information Management as a work category. Paragraph 2-4 of this regulation states that once a document is placed in the OMPF 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 Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army Appeals Board, Chief of Appeals and Corrections Branch of the Human Resources Command, the OMPF custodian when documents have been improperly filed, Human Resources Command as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center, and Chief of the Appeals Branch of the National Guard Personnel Center.
DISCUSSION AND CONCLUSIONS:
1. Even though the dates of service for the ARCOM (13 August 2004 to 20 June 2006) and the MSM (13 August 2004 to 20 June 2007) under consideration are one year off, the period of the ARCOM is completely overlapped by the period for the MSM, and therefore the applicants explanation of why the two awards were issued and are in his OMPF is plausible.
2. Orders revoking the ARCOM cannot be located, and it cannot even be determined if they were revoked. However, they should have been revoked.
3. The regulatory guidance is to file award orders in the performance section of the OMPF.
4. Nevertheless, there is a viable reason for removing Headquarters, 4th Infantry Division, Fort Hood, TX, Permanent Orders Number 149-004, dated 29 May 2007, awarding the applicant the ARCOM for meritorious service for the period 13 August 2004 to 20 June 2006, from his OMPF. These orders offer no relevant information regarding his service, conduct, or duty performance. Moreover, removing them would eliminate the potential for confusion to officials authorized to review the performance section of the applicants OMPF.
5. Therefore, after first ensuring that Headquarters, 4th Infantry Division, Fort Hood, TX, Permanent Orders Number 149-004, dated 29 May 2007, is revoked, the order should be removed from the applicants OMPF.
BOARD VOTE:
___XX_____ ____XX____ ____XX____ 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:
a. revoking Headquarters, 4th Infantry Division, Fort Hood, TX, Permanent Orders Number 149-004, dated 29 May 2007, awarding him the Army Commendation Medal; and
b. removing Headquarters, 4th Infantry Division, Fort Hood, TX, Permanent Orders Number 149-004, dated 29 May 2007, awarding him the Army Commendation, from his OMPF (and ensuring that the orders revoking this award are not filed in his OMPF).
_______ XXXXX_ _______ ___
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) AR20080011382
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080011382
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100020926
The applicant provides copies of the erroneous award order, the revocation order, and the correct order awarding him the Army Good Conduct Medal (3rd Award). Corrected orders were issued for the applicant's 3rd award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * removing from his OMPF Permanent Orders Number 292-1, dated 8 November 2004, awarding him the Army Good Conduct Medal (3rd...
ARMY | BCMR | CY2005 | 20050017245C070206
The applicant requests, in effect, that his award certificate for the Meritorious Service Medal (MSM) issued by Headquarters (HQs), Combined/Joint Task Force (CTJF) – 76, for the period from 10 June 2001 to 1 June 2005, be removed from his Official Military Personnel File (OMPF). The evidence also shows that two MSM award certificates were published for the same period of service by two different issuing authorities. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2010 | 20100014872
The applicant provides the following documentation: * two letters of support * three DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 1 November 2007 through 31 August 2009 * BSM packet (award recommendation, narrative, citation, and certificate), dated 10 March 2009 * Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, Permanent Orders Number 083-001, dated 24 March 2009, revoking award of the BSM * DA Form 638 (Recommendation for...
ARMY | BCMR | CY2013 | 20130013895
The applicant requests correction of his record by removing Permanent Order 181-001, issued by Headquarters, 4th Expeditionary Sustainment Command (ESC), San Antonio, TX, dated 30 June 2012, awarding him the Meritorious Service Medal (MSM) from his Army Military Human Resource Record (AMHRR). Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. His record shows he was...
ARMY | BCMR | CY2010 | 20100014087
The evidence shows that he was awarded two ARCOMs during the period 3 January 2003 and 8 July 2005. The evidence shows he received two ARCOMs for outstanding or meritorious service; however, the OIF ARCOM was specifically recommended for achievement. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. rescinding and removing USAHRC Permanent Orders 238-33, dated 26 August 2009, from his official military personnel file...
ARMY | BCMR | CY2011 | 20110012874
There are no orders or any other evidence in his OMPF, such as DA Forms 638 (Recommendation for Award), showing he was awarded two awards of the ARCOM or three awards of the AAM. Although the applicant provided an address in Port Lavaca, TX for item 19a of his DD Form 214, it does not change the HOR at the time of entry into military service. Based on the above and the fact that there is no evidence in his OMPF or iPERMS record that shows he was awarded any additional awards of the ARCOM...
ARMY | BCMR | CY2011 | 20110008426
The applicant requests, in effect, correction of his Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) by: * removing an "interim" Meritorious Service Medal (MSM) that was awarded to him by the Commanding General (CG), U.S. Army Civil Affairs and Psychological Operations Command (Airborne) (USACAPOC(A)) for the period 27 August 2007 to 31 August 2009 * rescinding the revocation of an MSM awarded by the CG, U.S. Army Reserve...
ARMY | BCMR | CY2012 | 20120022471
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (MSM) (1st Oak Leaf Cluster), Army Commendation Medal (ARCOM), and the Republic of Vietnam Armed Forces Honor Medal (2nd Class). The applicant provides the following in support of his request: * DA Form 4980-12 (MSM Certificate), dated 21 October 1983 * Permanent Order 176-29, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 26...
ARMY | BCMR | CY2009 | 20090011540
The applicant requests removal of the following duplicate documents from his Official Military Personnel File (OMPF): a. duplicate orders awarding him the Good Conduct Medal (2nd Award); b. duplicate orders awarding him the Good Conduct Medal (4th Award); and c. duplicate memoranda, dated 10 August 2003, awarding him the Gold Recruiter Badge with three sapphire achievement stars. The evidence of record shows that the applicant was issued two sets of orders awarding him his second award of...
ARMY | BCMR | CY2003 | 2003090998C070212
The applicant’s OMPF currently shows that she was recommended for award of a MSM and that the recommendation was downgraded by the approval authority and approved as an award of the ARCOM, 1OLC. Evidence of record shows that the approval authority at Fort Leonard Wood revoked the award due to cancellation of the applicant’s PCS. Evidence of record also shows that the ARCOM, 1OLC was never presented to the applicant, thus negating the reason for filing the DA Form 638 in her OMPF.