IN THE CASE OF:	

		BOARD DATE:	17 September 2009  

		DOCKET NUMBER:  AR20090006306 


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 an Army Commendation Medal for the period 13 September 2000 to 7 September 2007 and an Army Achievement Medal for the period 13 September to 12 December 2005 be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that neither award was available to be added to her records when she out-processed.

3.  The applicant provides:

	a.  a DA Form 638 (Recommendation for Award) and a DA Form 4980 (Award Certificate) for the Army Commendation Medal; and

	b.  a DA Form 638 and a DA Form 4980 for the Army Achievement Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 14 February 2000 through 11 October 2007 when she was separated with disability severance pay.

2.  The applicant’s DD Form 214 shows she was awarded the Army Commendation Medal, Army Achievement Medal (3rd Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and US Army Recruiter Badge-Gold with Three Sapphire Stars.
3.  The applicant’s Integrated Personnel Electronic Records Management System (iPERMS) records contain Permanent Orders #284-02, Headquarters, 1st Aviation Brigade, Fort Rucker, AL, awarding her the Army Commendation Medal for meritorious service from 31 July 2000 to 28 October 2002.

4.  The applicant’s iPERMS records contain Permanent Orders #22-01, Headquarters, US Army Aviation Center and Fort Rucker, Fort Rucker, AL, awarding her the Army Achievement Medal for exceptional achievement from 1 September 2001 [sic 2000] to 30 August 2001.

5.  The documents provided by the applicant reflect the following:

	a.  She was awarded an Army Achievement Medal by Permanent Orders #093-024, Houston Recruiting Battalion, Houston, TX, dated 3 April 2006, for outstanding performance from 13 September to 12 December 2005.  The DA Form 638 for this award, which was prepared on 15 March 2006, indicates in Item 8 (Previous Awards) that she received an Army Commendation Medal and four Army Achievement Medals, making the subject Army Achievement Medal her fifth.

	b.  The applicant was awarded a second Army Commendation Medal by Permanent Orders #247-2, Headquarters, US Army 5th Recruiting Brigade, Fort Sam Houston, TX, dated 4 September 2007, for meritorious service from 13 September 2000 to 7 September 2007.  The DA Form 638 for this award, which was prepared on 30 August 2007, indicates in Item 8 that she received an Army Commendation Medal and three Army Achievement Medals.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 shows one Army Commendation Medal and three Army Achievement Medals; she requests it be corrected to show two Army Commendation Medals and four Army Achievement Medals.  The applicant claims the missing awards were not available when she was separated and were omitted from her DD Form 214.

2.  Regarding the Army Commendation Medal, the applicant’s iPERMS record contains one order covering the period 31 July 2000 to 28 October 2002.  She then provides a second order covering the period 13 September 2000 to 7 September 2007.  This order, which was dated 4 September 2007, may not have been available when her DD Form 214 was produced and may have been omitted unintentionally.  Her DD Form 214 should be corrected to show the Army Commendation Medal (2nd Award).

3.  Regarding the Army Achievement Medal, there is confusion over exactly how many of these awards the applicant received.  Her DD Form 214 shows three awards of the Army Achievement Medal, so by her request to the Board, she is asking for a fourth award.  Unfortunately, her iPERMS record only contains one set of orders awarding her the Army Achievement Medal (for the period 1 September 2000 to 30 August 2001), so her iPERMS record does not provide evidence of the correct number of awards.  She provided an order, dated 3 April 2006, and covering the period 13 September to 12 December 2005.  The DA Form 638, dated 15 March 2006, indicates she already had four Army Achievement Medals, making the subject medal her fifth.  However, the subject medal order was published some 3 years before she out-processed for separation, thereby providing ample time for this award to have been included as one of the three Army Achievement Medals already shown on her DD Form 214.  Finally, the DA Form 638 for her second Army Commendation Medal (dated 30 August 2007) shows only three Army Achievement Medals at the time of separation.

4.  In the absence of clear evidence that the applicant was awarded more than three Army Achievement Medals, the Board must presume regularity as to the number of Army Achievement Medals indicated on the applicant’s DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ____x____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal (2nd Award) to the applicant’s DD Form 214.



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing her DD Form 214 to reflect more than three Army Achievement Medals.




      _______ _   _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)                                         AR20090006306



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ABCMR Record of Proceedings (cont)                                         AR20090006306



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