IN THE CASE OF:
BOARD DATE: 17 SEPTEMBER 2009
DOCKET NUMBER: AR20090011724
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 removal of Permanent Orders 042-14 dated
11 February 2003 and the Army Commendation Medal (ARCOM) certificate containing Permanent Orders 024-06 dated 24 January 2003 from his Official Military Personnel File (OMPF).
2. The applicant states that he was recommended and approved for the award of the ARCOM as a permanent change of station (PCS) award. However, due to an operational requirement, he did not PCS and instead, deployed to Iraq with his unit. As a result of him not PCSing, the award of the ARCOM was revoked. The applicant concludes that after the deployment, he was later awarded the ARCOM as a PCS award.
3. The applicant provides a copy of the ARCOM certificate and orders 042-14.
CONSIDERATION OF EVIDENCE:
1. The applicants records show he enlisted in the Regular Army on
12 November 1992 and through a series of reenlistments, he is currently serving in the military in the grade of E-7.
2. The certificate shows that the applicant was awarded the ARCOM for meritorious service during the period 20 August 2001 to 20 May 2003 by Permanent Orders 024-06, dated 24 January 2003. Permanent Orders 042-14 dated 11 February 2003 show that those orders were revoked.
3. A review of the applicant's OMPF shows that he was deployed to Iraq from
4 April 2003 to 18 March 2004. Additionally, while in Iraq, the applicant was awarded the Bronze Star Medal for meritorious performance of duty from
19 March 2003 to 15 May 2003.
4. His records also show he was awarded the ARCOM for meritorious service during the period 20 August 2001 to 29 October 2004 by Permanent Orders
295-01.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant was awarded the ARCOM for service from 20 August 2001 to 20 May 2003 which was later revoked. The applicant was later awarded the ARCOM with the same "From" date as the revoked award. The applicant insists and the evidence substantiates that the ARCOM certificate was revoked based on the applicant's failure to PCS and his subsequent deployment to Iraq.
2. The fact that the applicant's OMPF contains an ARCOM certificate and revocation orders of that certificate is not justification to remove these documents from his OMPF. However, these documents are confusing and serve no real purpose. Therefore, the applicant's records would be clarified by removing the ARCOM certificate containing Permanent Orders 024-06, dated 24 January 2003 and Permanent Orders 042-14 dated 11 February 2003 from the applicants 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 from the applicants OMPF:
a. ARCOM certificate containing Permanent Orders 024-06 dated 24 January 2003, and
b. Permanent Orders 042-14, dated 11 February 2003.
_______ _ __XXXX_____ ___
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) AR20090011724
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ABCMR Record of Proceedings (cont) AR20090011724
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