BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100014087 


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 reinstatement of his Army Commendation Medal (ARCOM) for the period 3 January 2003 to 8 July 2005.

2.  The applicant states he received two ARCOMs between 3 January 2003 and 8 July 2005.  The first was for outstanding "achievement" in support of Operation Iraqi Freedom (OIF) during the period 4 April 2003 to 31 December 2003 and the second was a permanent change of station (PCS) award for meritorious "service" during the period 3 January 2003 to 8 July 2005.  Upon his redeployment from Iraq he requested upgrade of his OIF ARCOM to a Bronze Star Medal (BSM) because captains and above automatically received a BSM for their service in Iraq regardless of the time spent in theater; however, as a lieutenant, he was only eligible for an ARCOM.  The U.S. Army Human Resources Command, Alexandria, VA (USAHRC-Alexandria), Military Awards Branch, subsequently denied his request and revoked his PCS ARCOM because the time periods of the two awards overlapped and the PCS award specifically recognized achievements previously recognized.  He further states that if he can't receive the BSM he would like to at least be able to keep both ARCOMs.

3.  The applicant provides his BSM packet which includes the following:

* ARCOM citation and undated DA Form 638 (Recommendation for Award) for the period from 4 April 2003 to 31 December 2003
* ARCOM citation and DA Form 638 for the period from 3 January 2003 to  8 July 2005, dated 27 June 2005


* Enlisted Record Brief (ERB), dated 23 October 2008
* USAHRC-Alexandria, Permanent Orders 238-33, dated 26 August 2009
* USAHRC-Alexandria, Military Awards Branch, memorandum, to his Member of Congress, dated 24 September 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a field artillery captain serving on active duty at Fort Hood, TX.

2.  On 6 January 2003, he was assigned to Headquarters and Headquarters Battery, 3rd Field Artillery Battalion, Fort Carson, CO.

3.  He served a tour of duty in Iraq from 4 April 2003 to 31 December 2003 and he was assigned to B Battery, 3rd Battalion, 29th Field Artillery.  He performed duties as a company fire support officer and he was awarded an ARCOM with 3rd oak leaf cluster at the end of his tour.  His DA Form 638 for this period shows the following:

	a.  Item 12a (Indicate Ach, Svc, PCS, ETS or Ret) shows the reason for this award was for "ACH" indicating achievement; and

   b.  Item 21 (Proposed Citation) reads, in part, "FOR OUTSTANDING SERVICE IN SUPPORT OF TASK FORCE PACESETTER WHILE DEPLOYED TO THE CENTCOM AREA OF OPERATION IN SUPPORT OF OPERATION IRAQI FREEDOM…."

4.  He returned to Headquarters and Headquarters, 1st Battalion (Mechanized), 
8th Infantry, Fort Carson, upon the completion of his tour in Iraq.  Upon the completion of this assignment he received a PCS award covering the period from 3 January 2003 to 8 July 2005.  His DA Form 638 shows the following:

   a.  Item 12a shows the reason for this award was for "PCS"; and

	b.  Item 21 reads, in part, "FOR MERITORIOUS SERVICE WHILE SERVING AS A FIRE SUPPROT OFFICER AND FIRE DIRECTION OFFICER…."

5.  On an unknown date, the applicant applied to the USAHRC, Military Awards Branch, for an upgrade of his OIF ARCOM to a BSM.

6.  On 22 July 2009, the Army Decorations Board determined that the degree of action and service rendered did not meet the strict criteria for the proposed 


award.  Additionally, they found that the ARCOM that recognized his service from 3 January 2003 to 8 July 2005 specifically recognized achievements previously recognized and overlapped time periods from his ARCOM covering the period from 4 April 2003 to 31 December 2003.  As a result, the board issued Permanent Order 238-33 revoking award of the ARCOM for service from
3 January 2003 to 8 July 2005 under the authority of Army Regulation 600-8-22 (Military Awards), paragraph 1-30 (Revocation of personal decorations and suspension of authority to wear).

7.  Army Regulation 600-8-22, paragraph 1-19, states:

   a.  only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service; and
   
   b.  the award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  Recommendation for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration.

8.  Army Regulation 600-8-22, paragraph 1-30, states once an award has been presented, it may be revoked by the awarding authority if facts subsequently determined would have prevented the original approval of the award had they been known at the time.  Presentation of a decoration is the physical act of pinning or clipping the medal on the Soldier's chest or handing the Soldier the medal, certificate, or orders.  The decision to revoke an award may not be delegated by the awarding authority.  In making the decision, the awarding authority will consider a statement of concurrence or non-concurrence (with comments) from the individual concerned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reinstatement of the ARCOM awarded to him upon his PCS from Fort Carson.

2.  The evidence shows that he was awarded two ARCOMs during the period
3 January 2003 and 8 July 2005.  He received an ARCOM for his OIF service and an ARCOM for his PCS move.  USAHRC-Alexandria revoked his PCS ARCOM award stating it specifically recognized achievements previously recognized and the time periods overlapped with his previously-awarded OIF ARCOM.  Both citations indicate he was being recognized for outstanding or meritorious service.

3.  The evidence shows he received two ARCOMs for outstanding or meritorious service; however, the OIF ARCOM was specifically recommended for achievement.  The citation is in error and reads the award was for service.  Further, the PCS ARCOM does not reference the same specific achievements listed on his OIF award recommendation.

4.  Army Regulation 600-8-22 states the award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  Recommendation for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration.  He is permitted both an achievement and a service award during the same period; therefore, he is entitled to have his record corrected to reinstate his PCS ARCOM.

5.  In view of the evidence above, his records should be corrected as recommended below.

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.  rescinding and removing USAHRC Permanent Orders 238-33, dated
26 August 2009, from his official military personnel file (OMPF) and

   b.  correcting the citation on his ARCOM for the period of 4 April 2003 to 
31 December 2003 to read, "FOR OUTSTANDING ACHIEVEMENT IN SUPPORT OF TASK FORCE PACESETTER WHILE DEPLOYED TO THE CENTCOM AREA OF OPERATION IN SUPPORT OF OPERATION IRAQI FREEDOM.  YOUR HARD WORK, DEDICATION TO DUTY AND TIRELESS 


EFFORTS ALLOWED TASK FORCE PACESETTER TO ACCOMPLISH ALL MISSIONS ASSIGNED.  YOUR SERVICE DURING THIS DEPLOYMENT BRINGS GREAT CREDIT UPON YOURSELF, TASK FORCE PACESETTER, THE STRIKER BRIGADE, THE FOURTH INFANTRY DIVISION, AND THE UNITED STATES ARMY."



      __________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)                                         AR20100014087



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