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ARMY | BCMR | CY2008 | 20080011448
Original file (20080011448.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	        07 AUGUST 2008

		DOCKET NUMBER:  AR20080011448 


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 the award of the Army Commendation Medal (ARCOM) dated 18 October 2007 be removed from his Official Military Personnel File (OMPF). 

2.  The applicant states that he believes that he is not entitled to award of the ARCOM because he was awarded the Bronze Star Medal (BSM) for the same period of service.  He also states that he has had the award of the ARCOM removed from his Enlisted Records Brief (ERB). 

3.  The applicant provides copies of his awards of the BSM and ARCOM for the period of 11 September 2006 to 1 November 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 July 1988 for a period of 4 years, training as a single channel radio operator and assignment to Europe.  He has remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 1 April 2002.  

2.  On 18 October 2007, Permanent Orders Number 291-005 were published by Headquarters, Iraq Assistance Group, awarding the applicant the ARCOM for meritorious service during the period from 11 September 2006 to 1 November 2007, while serving as a communications chief and advisor for a military transition team (MTT). 

3.  On 2 November 2007, Permanent Orders Number 306-002 were published by Headquarters, Iraq Assistance Group, awarding the applicant the BSM for meritorious service during the period from 11 September 2006 to 1 November 2007, while serving as a communications chief for a military transition team (MTT).  The same general officer signed both of the awards of the ARCOM and the BSM. 

4.  Army Regulation 600-8-22, Military Awards, 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.  To ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award.  When a higher award is approved, the approving authority will revoke the interim award using a separate Permanent Order in accordance with Army Regulation 600-8-105.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the ARCOM on 18 October 2007 should be removed from his OMPF has been noted and found to have merit.    

2.  The award of the BSM on 2 November 2007 is for the same period of meritorious service as that of the ARCOM issued on 18 October 2007.  Therefore, since both awards are for the same period of meritorious service, it is reasonable to presume that the award of the ARCOM was an interim award for the award of the BSM. 

3.  Accordingly, the award of the ARCOM should have been revoked when the award of the BSM was approved.  

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  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 removing the award of the ARCOM dated 18 October 2007 from his OMPF and revoking Permanent Order Number 291-005, issued by Headquarters, Iraq Assistance Group.

2.  The Board wants the applicant and all others to know that the sacrifices he is making in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        XXX                ___
                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)                                         AR20080011448



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ABCMR Record of Proceedings (cont)                                         AR20080011448



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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