IN THE CASE OF:
BOARD DATE: 23 JULY 2009
DOCKET NUMBER: AR20090002597
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 February 2008 to show a second award of the Army Commendation Medal.
2. The applicant states that his DD Form 214 for the period ending 20 February 2008 does not show that he was awarded the Army Commendation Medal twice in his career. He contends that he was awarded the Army Commendation Medal for his actions during Operation Iraqi Freedom in 2006 and a second award of the Army Commendation Medal for his service to his country from 2000 to 2008.
3. The applicant provides two orders for the Army Commendation Medal in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Regular Army, the applicant was appointed as a warrant officer and entered active duty on 5 December 2000. He served in Iraq from 21 March 2003 to 14 March 2004 and from 10 October 2005 to 27 August 2006. On 20 February 2008, the applicant was honorably discharged.
2. The applicant's DD Form 214 for the period ending 20 February 2008 shows, among other awards, the Army Commendation Medal.
3. Headquarters, 101st Combat Aviation Brigade, Permanent Order Number 099-307, dated 9 April 2006, shows the applicant was awarded the Army Commendation Medal for exemplary service for the period 11 October 2005 to 11 October 2006 during Operation Iraqi Freedom.
4. Headquarters, 10th Combat Aviation Brigade, Permanent Order
Number 331-003, dated 26 November 2007, shows the applicant was awarded the Army Commendation Medal for meritorious service for the period 27 July 2000 to 20 February 2008.
5. Paragraph 1-19 of Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service. Paragraph 1-19c states that continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award. If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service.
6. Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant received two awards of the Army Commendation Medal for meritorious service. Since one award is for overlapping dates of service (i.e., 11 October 2005 to 11 October 2006 and 27 July 2000 to
20 February 2008), one of the awards is not valid in accordance with the governing regulation. However, based on the fact the first Army Commendation Medal covered only his service during Operation Iraq Freedom, it would be appropriate to amend Headquarters, 101st Combat Aviation Brigade, Permanent Order Number 099-307, dated 9 April 2006, to show he received the Army Commendation Medal for meritorious achievement during the period from 11 October 2005 to 11 October 2006. Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with First Oak Leaf Cluster.
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:
a. amending Headquarters, 101st Combat Aviation Brigade, Permanent Orders Number 099-307, dated 9 April 2006, to show the applicant received the Army Commendation Medal for meritorious achievement during the period from 11 October 2005 to 11 October 2006;
b. deleting the entry "ARMY COMMENDATION MEDAL" from his DD Form 214; and
c. adding the Army Commendation Medal with First Oak Leaf Cluster to his DD Form 214.
___________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.
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