IN THE CASE OF:
BOARD DATE: 16 June 2009
DOCKET NUMBER: AR20080019455
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, in effect, that the Army Commendation Medal certificate for the period 26 April 2006 to 20 October 2006 filed in his Official Military Personnel File (OMPF) be removed.
2. The applicant essentially states that the aforementioned Army Commendation Medal certificate does not belong to him even though it has his rank, name, and social security number listed on it. He also states that this certificate was awarded for meritorious service as a Mortuary Affairs Noncommissioned Officer (NCO), but he has never served as a Mortuary Affairs NCO; therefore, this certificate should be given to the right NCO.
3. The applicant provides the aforementioned Army Commendation Medal certificate in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a staff sergeant in the Regular Army.
2. A review of the applicantÂ’s OMPF shows that there is a certificate awarding him the Army Commendation Medal for the period 26 April 2006 to 20 October 2006 for service as a Mortuary Affairs Specialist with the Mortuary Affairs and Casualty Support Branch, Casualty and Mortuary Affairs Operations Center. However, two available NCO Evaluation Reports covering the period of this award clearly show the applicant was assigned as a Satellite Communications NCO and a Platoon Sergeant with the 4th Space Company, 1st Space Battalion at Peterson Air Force Base, Colorado during the period covered by this award.
3. A search of the integrated Personnel Electronic Records Management System (iPERMS) produced seven Soldiers with the same first and last names as the applicant serving in pay grades E-5 through E-7; however, none of these Soldiers served as a Mortuary Affairs NCO. Since the ABCMR is not by regulation an investigative body the issues of who the proper recipient of this Army Commendation Medal is will not be discussed further in these proceedings.
4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. This regulation further provides that the ABCMR is not an investigative body, and will decide cases on the evidence of record.
DISCUSSION AND CONCLUSIONS:
It is clear that the applicant did not serve as a Mortuary Affairs NCO, and he has requested that the certificate awarding him the Army Commendation Medal for the period 26 April 2006 to 20 October 2006 for service as a Mortuary Affairs Specialist with the Mortuary Affairs and Casualty Support Branch, Casualty and Mortuary Affairs Operations Center be removed from his OMPF. As a result, it would be appropriate at this time to remove the aforementioned award certificate from the applicant's OMPF.
BOARD VOTE:
___X____ ___X____ ____X__ 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 removing the Army Commendation Medal certificate, issued on 6 December 2006, for the period 26 April 2006 to 20 October 2006 from his OMPF.
_______ _ 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) AR20080019455
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