IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090010277 


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, the removal of one award of the Army Commendation Medal (ARCOM) from his Official Military Personnel File (OMPF) and correction of another award of the ARCOM that is filed in his OMPF.

2.  The applicant states, in effect, that he was awarded two ARCOMs, one that was downgraded and the other containing several administrative errors, as follows:

	a.  The ARCOM awarded on 6 January 2008 [for the period 10 December 2006 to 7 March 2008] was initially submitted as a Bronze Star Medal, but it was downgraded to an ARCOM.  It is unconscionable that an award is downgraded due to a Soldier’s mere association with a command that sustained the dismissal of all organic officers and 3 of 4 platoon sergeants.  This information was passed during an office call with the 31st Combat Support Hospital officer in charge prior to his (the applicant’s) departure from Iraq in February 2008.

	b.  The ARCOM awarded on 26 June 2008 [for the period 25 July 2005 to
10 July 2008] from the Medical Department Activity (MEDDAC), Fort Sill, OK, contains an incorrect Social Security Number as well as incorrect information in achievement number 3, which states that he saw 1,000 patients when he only saw 871 patients, and the approving authority signed the DA Form 638 prior to the recommending official, thus invalidating the award.

3.  The applicant provides a copy of the DA Form 638 (Recommendation for Award) and certificate, dated 26 June 2008; and a copy of the DA Form 638, certificate, and citation, dated 8 January 2008, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the U.S. Army Reserve (USAR) and U.S. Navy (USN), the applicant’s records show he was appointed as a second lieutenant in the USAR and he executed an oath of office on 23 April 2001.  He subsequently completed several military training courses, served in various staff and leadership positions, and he was promoted through the ranks to captain.  He is currently assigned at Fort Huachuca, AZ.

2.  The applicant’s records also show that he was previously assigned as a family physician to the Troop Health Clinic at Fort Sill, OK, from 25 July 2005 to 10 July 2008.

3.  During the applicant's tenure of assignment at Fort Sill, he deployed to Iraq in support of Operation Iraqi Freedom.  Upon completion of his deployment, he was recommended for award of the Bronze Star Medal in recognition of his difficult work and responsibility.  His company and hospital commanders recommended approval of the Bronze Star Medal; however, his brigade commander ultimately downgraded the award to an ARCOM.  

4.  On 6 January 2008, Headquarters, Task Force 62nd Medical Brigade, published Permanent Order Number 006-002, awarding the applicant the ARCOM for meritorious service while serving in support of Operation Iraqi Freedom from 10 December 2006 to 7 March 2008.  As this was a downgraded award, the DA Form 638 and award certificate are filed in the performance section of his OMPF.

5.  The applicant’s records further show that upon his departure from Fort Sill, he was also recommended for a second award of the ARCOM due to a permanent change of station (PCS) reassignment.

6.  On 26 January 2008, Headquarters and MEDDAC, Fort Sill, published Permanent Order Number 178-20, awarding the applicant a second ARCOM for meritorious service.  A copy of the award certificate is filed on the performance section of his OMPF.

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military 
Personnel Information Management/Records Program of the Military Personnel System.  Chapter 2 of this regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 of this regulation shows that award orders (including badges and tabs) are filed in the performance portion of the OMPF.   Additionally, award recommendations that were downgraded or disapproved and correspondence that disapproved or downgraded the award are filed in the performance section of the OMPF. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that one award of the ARCOM should be removed from his OMPF and another award of the ARCOM should be corrected.

2.  The evidence of record shows that the applicant was recommended for award of the Bronze Star Medal for meritorious service in Iraq.  However, his brigade commander downgraded the award to an ARCOM and he was accordingly awarded an ARCOM.  Furthermore, as required by the applicable regulation, when an award recommendation is disapproved or downgraded a copy of the
DA Form 638 as well as the order (award certificate) are required to be filed in the performance section of the OMPF.

3.  The decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority.  The approving commander at the time of the act, or shortly thereafter, determined that his actions were so noteworthy as to warrant award of the ARCOM.  The applicant’s dissatisfaction with the approving authority's  There is neither an error nor an injustice. Therefore, there is no basis for granting the applicant's requested relief on this issue.

4.  The evidence of record further shows that upon his departure from Fort Sill, he was again recommended for an ARCOM as a PCS award.  This award was approved by the approval authority and the order (award certificate) is properly filed in the performance section of his OMPF.  As this award was neither disapproved nor downgraded, there was no requirement and the DA Form 638 for this ARCOM award is not posted to his OMPF. Therefore, there is no basis for granting this portion of the applicant's requested relief.

5.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; and any corrections to other parts of the OMPF.  Once placed 
in the OMPF, the document becomes a permanent part of that file and it will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority. 

6.  With respect to the administrative errors on the DA Form 638, it appears that these are harmless and/or typographical errors that do not invalidate the award, and since the DA Form 638 pertaining to this award is not posted to his OMPF, the applicant may utilize his current servicing personnel office to make appropriate pen and ink corrections to the erroneous entries.  

7.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, the applicant is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X__  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090010277



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ABCMR Record of Proceedings (cont)                                         AR20090010277



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