IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110017316 


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).


CONSIDERATION OF ADDITIONAL EVIDENCE:

1.  The applicant has had a total of seven applications considered by the Army Board for Correction of Military Records (ABCMR).  In two of the ABCMR Proceedings (i.e., Docket Number AR20080016883, dated 22 January 2009, and
Docket Number AR20090018856, dated 19 May 2010), the applicant submitted documentation in support of correcting his 14 November 2008 DD Form 214 to show the Parachutist Badge, Ranger Tab, Sapper Tab, Combat Action Badge, and Bronze Star Medal.  This supplemental action seeks to review the previous ABCMR proceedings.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) on 18 January 1990.

3.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant enlisted in the Regular Army (RA) on 23 January 1990, was honorably released from active duty (REFRAD) on 2 November 1992, and transferred to an Army National Guard (ARNG) unit.  It also shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  Army Commendation Medal, Army Achievement Medal (1st Oak Leaf Cluster), Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Air Assault Badge, Expert Marksmanship Qualification Badge with Hand Grenade Bar, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar//Continued in Block 18; and

	b.  item 18 (Remarks):  Reference #13:  Army Lapel Button.

4.  The applicant enlisted in the Army National Guard of the United States (ARNGUS) and Wisconsin ARNG (WIARNG) on 3 November 1992.

5.  A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant was honorably discharged from the ARNGUS and WIARNG on 2 November 1998.  It also shows in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period):  Army Achievement Medal (7th Award), "WWM-2," Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Army Good Conduct Medal (1st Award), Army Commendation Medal, Air Assault Badge, Expert Infantryman Badge, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Humanitarian Service Medal, Army Reserve Components Achievement Medal (2nd Award), Aircraft Crewman Badge, Expert Marksmanship Qualification Badge with Hand Grenade and Rifle (M-16) Bars, and Multinational Force and Observers Medal.

6.  ABCMR Docket Number AR1999024163, dated 15 May 2002, shows the applicant requested correction of his records to show three additional awards of the Army Achievement Medal, the Multinational Force and Observers Medal, and Joint Service Achievement Medal.  His request was returned along with guidance on the proper procedure to correct his records.

7.  ABCMR Docket Number AR2002073770, dated 4 June 2002, shows the applicant resubmitted his request for correction of his records to show three additional awards of the Army Achievement Medal, the Multinational Force and Observers Medal, and Joint Service Achievement Medal.  His request was approved.  He was also advised that he was authorized to wear the National Defense Service Medal.

8.  A DD Form 215 (Correction to DD Form 214), dated 4 June 2002, shows item 13 of the applicant's 2 November 1992 DD Form 214 was corrected by:

	a.  deleting the Army Achievement Medal (1st Oak Leaf Cluster); and

	b.  adding the Army Achievement Medal (3rd Oak Leaf Cluster), Multinational Force and Observers Medal, and Joint Service Achievement Medal.

9.  A DD Form 214 shows the applicant entered active duty as a member of the USAR on 19 August 2002, he was honorably REFRAD on 15 May 2003, and transferred to a USAR unit.  It shows he served in Bosnia in support of Operation Joint Forge from 11 September 2002 to 29 April 2003.  It also shows in:

	a.  item 13:  Defense Meritorious Service Medal, Joint Service Commendation Medal, Army Commendation Medal (3rd Award), Joint Service Achievement Medal, Army Achievement Medal (7th Award), Army Good Conduct Medal, Army Reserve Components Achievement Medal (3rd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, and "Humanitarian//Continued in Block 18";

	b.  item 18:  "//Continued From Block 13:  Dutch Parachute Wings// " (emphasis added) and Continued From Block 13:  Service Medal (2nd Award), Armed Forces Reserve Medal with 'M' Device, Noncommissioned Officer Professional Development Ribbon with Numeral '3,' Army Service Ribbon, Overseas Service Ribbon (2nd Award), Army Reserve Components Overseas Training Ribbon (4th Award), National Atlantic Treaty Organization (NATO) Medal, Multinational Force and Observers Medal, and "Sharpshooter Marksmanship//See Attached Continuation Sheet"; and

	c.  DD Form 214 Continuation Page that shows:  "Continued From Block 18:   Award)" (emphasis added) and the Army Service Ribbon, Overseas Service Ribbon (3rd Award), Army Reserve Components Overseas Training Ribbon 
(4th Award), Armed Forces Reserve Medal with ‘M’ Device (2nd Award), Military Outstanding Volunteer Service Medal, NATO Medal (2nd Award), Multinational Force and Observers Medal, Expert Infantryman Badge, Combat Action Badge, Air Assault Badge, and Aircraft Crewman Badge.

10.  ABCMR Docket Number AR20040007266, dated 7 June 2005, shows the applicant requested correction of his records to show the Army Achievement Medal (8th Award), Military Outstanding Volunteer Service Medal, Cambodian Special Forces Jump Wings, Royal Thai Border Patrol Jump Wings, German Bronze Sports Badge, and Norwegian Bronze Shooting Badge.  His request was returned to him because the requested corrective action was not clearly stated.

11.  ABCMR Docket Number AR20060003366, dated 9 March 2006, shows the applicant requested correction of his records to show the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal.  His request was returned along with guidance on the proper procedure to correct his records.

12.  A DD Form 215, dated 19 May 2006, shows the Global War on Terrorism Expeditionary Medal was added to item 13 of the applicant's 15 May 2003 
DD Form 214.

13.  ABCMR Record of Proceedings (ROP) Docket Number AR20060011234, dated 6 February 2007, shows the applicant requested correction of his records to show the Meritorious Service Medal, Military Outstanding Volunteer Service Medal, and Global War on Terrorism Service Medal.  His records were corrected to show the Military Outstanding Volunteer Service Medal and Global War on Terrorism Service Medal.  However, his request pertaining to the Meritorious Service Medal was denied because the document provided by the applicant was not signed by the required award approval level of authority.  The applicant provided a DA Form 638 (Recommendation for Award), dated 27 August 2001, showing he was recommended for the Army Achievement Medal (6th Award) for the period 8 October 1998 to 27 August 2001.  The reverse side of the form indicated a colonel (O-6) approved award of the "Meritorious Service Medal" and the award was announced in "Headquarters, Area Support Group, Permanent Order 01A-191-04, dated 21 October 2001.  The award approving authority for the Meritorious Service Medal is a general officer.

14.  A DD Form 215, dated 13 August 2007, shows that item 13 of the applicant's
15 May 2003 DD Form 214 was corrected to add the Military Outstanding Volunteer Service Medal and Global War on Terrorism Service Medal.

15.  A DA Form 4980-14 (Army Commendation Medal) Certificate, shows that Headquarters, 402nd Army Field Support Brigade, Permanent Orders 283-002, dated 10 October 2007, awarded the applicant the Army Commendation Medal [4th Award] for meritorious service (emphasis added) while serving as Operations Sergeant, 2nd Battalion, 402nd Army Field Support Brigade, Camp Anaconda, Iraq in support of Operation Iraqi Freedom (OIF) from 24 December 2006 to 7 December 2007 (emphasis added).

16. Headquarters, Multinational Corps, Baghdad, Iraq, Permanent Orders 02777, dated "October 24, 2007" [emphasis added], shows the applicant was awarded the Combat Action Badge (1st Award) for actions on "August 13, 2007" [emphasis added].

17.  A DD Form 214 shows the applicant entered active duty as a member of the USAR on 15 December 2006, was honorably REFRAD on 14 November 2008, and transferred to a USAR unit.  It shows he served in Iraq in support of OIF from 11 December 2006 to 24 December 2007 and in Afghanistan from 24 December 2007 to 14 September 2008.  It also shows in:

	a.  item 13:  Iraq Campaign Medal (ICM), Defense Meritorious Service Medal, Joint Service Commendation Medal, Army Commendation Medal (5th Award), Joint Service Achievement Medal, Army Achievement Medal (8th Award), Army Good Conduct Medal, and "Army Reserve Components Achievement Medal (3rd//Continued in Block 18";

	b.  item 18:  "Continued From Block 13:  Award)" and the National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Afghanistan Campaign Medal (ACM), Global War on Terrorism Service Medal, Humanitarian Service Medal (2nd Award), and "Noncommissioned Officer Professional Development Ribbon (3rd//See Attached Continuation Sheet"; and

	c.  DD Form 214 Continuation Page that shows:  "Continued From Block 18:   Award)" and the Army Service Ribbon, Overseas Service Ribbon (3rd Award), Army Reserve Components Overseas Training Ribbon (4th Award), Armed Forces Reserve Medal with 'M' Device (2nd Award), Military Outstanding Volunteer Service Medal, NATO Medal (2nd Award), Multinational Force and Observers Medal, Expert Infantryman Badge, Combat Action Badge, Air Assault Badge, and Aircraft Crewman Badge//Nothing Follows.

18.  ABCMR ROP Docket Number AR20080016883, dated 22 January 2009, shows the applicant requested correction of his 14 November 2008 DD Form 214 to show the Parachutist Badge, Ranger Tab, Sapper Tab, and Combat Action Badge (2nd Award).

	a.  In support of his request [in part] he provided:

	 	(1)  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Orders 90-5550, dated 23 November 1990, awarding him the Ranger Tab effective "7 November 1990 or upon completion of Ranger training."

	 	(2)  Army Corps of Engineers, Certificate of Completion (Diploma), dated
30 March 1995, issued to the applicant for completion of the Sapper Leader Course.

	 	(3)  Headquarters, Combined Joint Task Force (CJTF) 101, Bagram, Afganistan (sic), Permanent Orders 101004, dated 9 September 2008, that show the applicant was awarded the Combat Action Badge (2nd Award) for actions on
29-30 July 2008.

	b.  His records were corrected to show the Parachutist Badge, Ranger Tab, Meritorious Unit Commendation, ACM with one bronze service star, and ICM with one bronze service star.  

	c.  His request for the Combat Action Badge (2nd Award) was denied.  He was also provided guidance on the procedure for consideration of retroactive award of the Sapper Tab.


19.  A DD Form 215, dated 10 June 2009, shows that item 13 of the applicant's
14 November 2008 DD Form 214 was corrected to:

	a.  delete the ICM and ACM; and

	b.  add the ICM with one bronze service star, ACM with one bronze service star, Parachutist Badge, Ranger Tab, and Meritorious Unit Commendation.

20.  ABCMR ROP Docket Number AR20090018856, dated 19 May 2010, shows the applicant requested correction of his 14 November 2008 DD Form 214 to show the Bronze Star Medal and Sapper Tab.  In support of his request [in part] he provided:

	a.  a DA Form 638 (Recommendation for Award), undated and without an entry in item 4 (Name), that shows the applicant was recommended for award of the Bronze Star Medal for meritorious service (emphasis added) while serving as Operations Sergeant and Force Protection Noncommissioned Officer in Charge (NCOIC), 2nd Battalion, 402nd Army Field Support Brigade, Camp Anaconda, Iraq in support of OIF from 24 December 2006 to 23 December 2007 (emphasis added).  Item 12b (Interim Award) shows an "X" in the "No" block.  It also shows in:

	 	(1)  Part III (Justification and Citation Data), item 20 (Achievements), Achievement #4:  the name of the applicant and a commissioned officer;

	 	(2)  item 20 and item 21 (Proposed Citation):  errors in both grammar and punctuation;

	 	(3)  Part IV (Recommendations/Approvals/Disapproval), item 23 (Intermediate Authority), block i (Comments) [in part]:  "Soldier desire [sic] this award."

	 	(4)  Item 26 (Approval Authority):  Lieutenant General (LTG) Raymond T. O----, Commander, Multinational Corps Commander, Iraq, approved the award [and signed the document] on 24 December 2007; and

		(5)  Part V (Orders Data):  Headquarters, Multinational Corps Iraq, G-1, Permanent Order Number 340-44, undated, awarded the Bronze Star Medal.

	b.  A DA Form 4980-5 (Bronze Star Medal) Certificate, shows the applicant was awarded the Bronze Star Medal for meritorious service (emphasis added) while serving as Operations Sergeant and Battalion Force Protection NCOIC, 2nd Battalion, 402nd Army Field Support Brigade, Camp Anaconda, Iraq in support of OIF from 24 December 2006 to 24 December 2007 (emphasis added).  The certificate contains a signature over "The Adjutant General" line that is similar, but clearly different than that which appears on the DA Form 638 as the signature of LTG O----.

	c.  Army Corps of Engineers, Certificate of Completion (Diploma), dated
30 March 1995, and U.S. Army Engineer School, 577th Engineer Battalion, Fort Leonard Wood, MO, Permanent Orders 230043, dated 10 September 2009, that retroactively awarded the applicant the Sapper Tab for the period 1-30 March 1995.

	d.  The Board approved correction of his records to show the Bronze Star Medal and Sapper Tab.

21.  A DD Form 215, dated 16 July 2010, shows that item 13 of the applicant's
14 November 2008 DD Form 214 was corrected to add the Bronze Star Medal and Sapper Tab.

22.  A DD Form 214 shows the applicant entered active duty as a member of the USAR on 30 October 2010, was honorably REFRAD on 12 February 2011, and transferred to the USAR Control Group (Reinforcement).  It shows he served in Ethiopia from 22 November to 2 December 2010 and in Djibouti from
3 December 2010 to 28 January 2011 in support of Operation Enduring Freedom (OEF).  It also shows in:

	a.  item 13:  ICM with two campaign stars, Bronze Star Medal, Defense Meritorious Service Medal, Joint Service Commendation Medal, Army Commendation Medal (5th Award), Joint Service Achievement Medal, Army Achievement Medal (8th Award), Meritorious Unit Commendation, and "Army//Continued in Block 18";

	b.  item 18:  "See Attached Continuation Sheet"; and

	c.  DD Form 214C (Continuation Sheet) that shows:  "Continued From Block 13:  Good Conduct Medal," and the "Army Reserve Components Achievement Medal (3rd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, ACM with two campaign stars, Global War on Terrorism Service Medal, Humanitarian Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon (3rd Award), Army Service Ribbon, Oversea Service Ribbon (3rd Award), Army Reserve Components Overseas Training Ribbon (4th Award), Armed Forces Reserve Medal with "M" Device 
(3rd Award), Military Outstanding Volunteer Service Medal, NATO Medal 
(2nd Award), Multinational Force and Observers Medal, Expert Infantryman Badge, Combat Action Badge, Parachutist Badge, Air Assault Badge, and Aircraft Crewman Badge//Nothing Follows."

23.  A DD Form 214 shows the applicant entered active duty as a member of the USAR on 16 April 2011, was honorably REFRAD on 30 November 2011, and transferred to the USAR Control Group (Reinforcement).  It shows he served in Kuwait and Iraq from 21 April to 17 June 2011 in support of Operation New Dawn.  It also shows in:

	a.  item 13:  Aircraft Crewman Badge, ACM with one campaign star, Armed Forces Reserve Medal with 'M' Device and 10 Year Bronze Hourglass, ICM with three campaign stars, Bronze Star Medal, Defense Meritorious Service Medal, and "Joint Service Commendation Medal//Continued in Block 18";

	b.  item 18:  "See Attached Continuation Sheet"; and

	c.  DD Form 214C, Continued From Block 13:  the Army Commendation Medal (5thd Award), Joint Service Achievement Medal, Army Achievement Medal (8th Award), Meritorious Unit Commendation, Army Good Conduct Medal, Army Reserve Components Achievement Medal (3rd Award), National Defense Service Medal with bronze service star, Armed Forces Expeditionary Medal, Global War on Terrorism Service Medal, Humanitarian Service Medal
(2nd Award), Noncommissioned Officer Professional Development Ribbon
(3rd Award), Army Service Ribbon, Overseas Service Ribbon (4th Award), Army Reserve Components Overseas Training Ribbon (4th Award), Armed Forces Reserve Medal with "M" Device (4th Award), Military Outstanding Volunteer Service Medal, NATO Medal (2nd Award), Multinational Force and Observers Medal, Expert Infantryman Badge, Combat Action Badge, Parachutist Badge, and Air Assault Badge//Nothing Follows.

24.  ABCMR Docket Number AR20110005106, dated 28 July 2011, shows the applicant requested correction of his records to show the Pathfinder Badge, Meritorious Unit Commendation (2nd Award), and Meritorious Service Medal:  

   a.  On 27 July 2011, the applicant requested that his application be withdrawn.
   
   b.  On 12 September 2011, he requested a copy of the Board's memorandum closing the case and indicated that the "paperwork was false and not desiring [sic] of me."  He added "I am be [sic] subject of some UCMJ (Uniform Code of Military Justice) actions for submitting these paperworks [sic]."
   
ADDITIONAL DISCUSSION AND CONCLUSIONS:

1.  At the time of the decisions of the ABCMR in Dockets Number AR20080016883, dated 22 January 2009, and AR20090018856, dated 19 May 2010, it was the intent of the ABCMR to make the applicant's record as administratively correct as it should properly have been at the time.

2.  The ABCMR's decisions in Dockets Number AR20080016883, dated
22 January 2009, and AR20090018856, dated 19 May 2010, erroneously corrected the applicant's records based on false and fraudulent documentation.

3.  Records show that item 18 of the applicant's 15 May 2003 DD Form 214 contained the duplicative remark "Continued From Block 13:" and erroneously authorized him the "Dutch Parachute Wings:"

   a.  The certificate the applicant provided in support of his request fails to show the appropriate approval official’s signature.  In addition, the applicant acknowledges he is not authorized to wear the badge.  Therefore, the "Dutch Parachute Wings" should be deleted from the applicant's military service records. 

	b.  Item 13 of the applicant's 15 May 2003 DD Form 214 shows the award entries ended in item 18 with "Sharpshooter Marksmanship//See Attached Continuation Sheet."  

		 (1)  Records also shows the Continuation Page filed with this DD Form 214 begins with "Award" and continues on with entries that have been previously entered in item 13 and that were continued in item 18 (i.e., the Army Service Ribbon, Overseas Service Ribbon, Army Reserve Components Overseas Training Ribbon (4th Award), Armed Forces Reserve Medal with "M" Device, NATO Medal, and Multinational Force and Observers Medal.

	 	(2)  Further review shows that this Continuation Page is a duplicate of the Continuation Page associated with the applicant's 14 November 2008
DD Form 214.  Therefore, the Continuation Page filed with the applicant's
15 May 2003 DD Form 214 should be voided and a new Continuation Page filed with the 15 May 2003 DD Form 214 showing award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Expert Infantryman Badge, Air Assault Badge, and Aircraft Crewman Badge.

4.  The evidence of record shows the applicant was awarded the Armed Forces Expeditionary Medal based on his service in Bosnia in support of Operation Joint Forge in 2002-2003.  Award of the Global War on Terrorism Expeditionary Medal (GWOTEM) was not authorized for this area of eligibility (AOE); however, the GWOTEM was added to the applicant's 15 May 2003 DD Form 214.  There is no evidence the applicant qualified for award of the GWOTEM and it appears the GWOTEM was erroneously added to his 15 May 2003 DD Form 214.  Therefore, it would be appropriate to delete the GWOTEM from his 15 May 2003 DD Form 214.

5.  Records show the applicant qualified for award of the ACM with one bronze service star and the ICM with two bronze service stars during his initial tours of duty in the AOE.  He qualified for a third bronze service star to be affixed on his ICM based on his service in Iraq in 2011.

	a.  His 14 November 2008 DD Form 214 (as corrected) shows the ACM with one bronze service star and the ICM with one bronze service star. 

	b.  His 12 February 2011 DD Form 214 shows the ACM with two campaign stars and the ICM with two campaign stars. 

	c.  His 30 November 2011 DD Form 214 shows the ACM with one campaign star and the ICM with three campaign stars. 

	d.  Therefore, it would be appropriate to correct his:

    	(1)  14 November 2008 DD Form 214 to show the ICM with two bronze service stars; and

    	(2)  12 February 2011 DD Form 214 to show the ACM with one bronze service star;

6.  Records show the applicant was found guilty of, wrongfully and without authority, wearing the Combat Action Badge, Ranger Tab, and Sapper Tab on his uniform.
	
   a.  Headquarters, Multinational Corps, Baghdad, Iraq, Permanent Orders 02777, dated "October 24, 2007" [emphasis added], that awarded the applicant the Combat Action Badge (1st Award) for actions on "August 13, 2007" (emphasis added) show the dates on the orders are not in military format; therefore, the authenticity of the order is questionable.
   
   b.  The evidence of record shows that in support of his 22 September 2008 and 26 February 2010 requests for correction of his military records, the applicant submitted:

    	(1)  Headquarters, CJTF 101, Bagram, Afganistan [sic], Permanent Orders 101004, dated 9 September 2008, that awarded the applicant the Combat Action Badge (2nd Award) for actions on 29-30 July 2008;
   
	 	(2)  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Orders 90-5550, dated 23 November 1990, that awarded the applicant the Ranger Tab; and

	 	(3)  Army Corps of Engineers, Certificate of Completion (Diploma), dated 30 March 1995, and U.S. Army Engineer School, 577th Engineer Battalion, Fort Leonard Wood, MO, Permanent Orders 230043, dated 10 September 2009, that retroactively awarded the applicant the Sapper Tab.

   c.  The applicant acknowledges that, based on his previous requests to the ABCMR, his records were corrected to show the Combat Action Badge, Ranger Tab, and Sapper Tab based on false paperwork.  In addition, the applicant acknowledges the orders he submitted were false.
   
	d.  Records also show the applicant was found guilty of signing an official document (a DD Form 149), which was false in that the applicant was not entitled to receive the Combat Action Badge (2nd Award), Ranger Tab, or Sapper Tab.

	 	(1)  His 15 May 2003 DD Form 214 shows the Combat Action Badge on an erroneously attached continuation page. 

	 	(2)  His 14 November 2008 DD Form 214 (as corrected) erroneously shows the Combat Action Badge, Ranger Tab, and Sapper Tab. 

	 	(3)  His 12 February 2011 DD Form 214 erroneously shows the Combat Action Badge.

	 	(4)  His 30 November 2011 DD Form 214 erroneously shows the Combat Action Badge.

	e.  Therefore, it would be appropriate to nullify the orders that fraudulently awarded these badges to the applicant by declaring them invalid and correcting four of the applicant's DD Forms 214 by deleting the Combat Action Badge, Ranger Tab, and Sapper Tab, as applicable.

7.  The evidence of record shows that the applicant was awarded:

	a.  the Army Commendation Medal (4th Award) per Headquarters,
402nd Army Field Support Brigade, Permanent Orders 283-002, dated
10 October 2007, for meritorious service (emphasis added) while serving as Operations Sergeant, 2nd Battalion, 402nd Army Field Support Brigade, Camp Anaconda, Iraq in support of OIF from 24 December 2006 to 7 December 2007 (emphasis added); and

	b.  the Bronze Star Medal for meritorious service (emphasis added) while serving as Operations Sergeant and Battalion Force Protection NCOIC,
2nd Battalion, 402nd Army Field Support Brigade, Camp Anaconda, Iraq in support of OIF from 24 December 2006 to 24 December 2007 (emphasis added).  

	 	(1)  The DA Form 638 shows it is undated and without an entry in the "Name" block.

	 	(2)  The Army Commendation Medal was not (emphasis added) an interim award.

	 	(3)  The DA Form 638 contains errors in both grammar and punctuation.

	 	(4)  The signatures on the DA Form 638 and DA Form 4980-14 appear to be that of LTG O-----; however, the signatures on the two forms are clearly different.

	c.  The Military Awards regulation provides that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service (emphasis added).

	d.  Therefore, it would be appropriate to direct the Commander, USA HRC (AHRC-PDO-PA), to take appropriate action to initiate an investigation by proper authority to determine the validity of the two awards and notify the applicant (in writing) that the authority to wear the Army Commendation Medal (5th Award) and Bronze Star Medal is suspended pending completion of the investigation and any subsequent actions.  The applicant will also be advised that he may submit a statement of concurrence or non-concurrence (with comments) concerning the two award actions being investigated.

8.  The evidence presented was sufficient to warrant amendment of the decisions of the Army Board for Correction of Military Records set forth in Dockets Number AR20080016883, dated 22 January 2009, and AR20090018856, dated 19 May 2010, by correcting his records 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 amendment of the decision of the Army Board for Correction of Military Records set forth in Dockets Number AR20080016883, dated 22 January 2009, and AR20090018856, dated 19 May 2010 by:

	a.  directing the Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, to take appropriate action to ensure the following orders pertaining to the applicant are declared invalid or revoked:

	 	(1)  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Orders 90-5550, dated 23 November 1990, that show award of the Ranger Tab for the period of service 7 November 1990 or upon completion of Ranger training;

	 	(2)  Headquarters, Multinational Corps, Baghdad, Iraq, Permanent Orders 02777, dated 24 October 2007, that show award of the Combat Action Badge (1st Award) for actions on 13 August 2007;

	 	(3)  Headquarters, Combined Joint Task Force 101, Bagram, Afghanistan, Permanent Orders 101004, dated 9 September 2008, that show award of the Combat Action Badge (2nd Award) for actions on 29-30 July 2008; and

	 	(4)  Headquarters, U.S. Army Engineer School, 577th Engineer Battalion, Fort Leonard Wood, MO, Permanent Orders 230043, dated 10 September 2009, that show retroactive award of the Sapper Tab for the period 1-30 March 1995;

	b.  deleting from item 18 of the applicant's 15 May 2003 DD Form 214 the entry:  "CONT FROM BLOCK 13:  DUTCH PARACHUTE WINGS//";

	c.  deleting the DD Form 214 Continuation Page attached to the applicant's
15 May 2003 DD Form 214 because it is erroneously filed with the DD Form 214 and issuing a new Continuation Page showing:  "CONT FROM BLOCK 18:  QUALIFICATION BADGE WITH RIFLE BAR, EXPERT INFANTRYMAN BADGE, AIR ASSAULT BADGE, AIRCRAFT CREWMAN BADGE//NOTHING FOLLOWS";

   d.  deleting the Global War on Terrorism Expeditionary Medal from the
19 May 2006 DD Form 215 that corrected the applicant's 15 May 2003
DD Form 214;

	e.  voiding two DD Forms 215, dated 10 June 2010 and 16 July 2010, that erroneously corrected item 13 of the applicant's 14 November 2008 DD Form 214 and issuing a DD Form 215 to:

    	(1)  delete the ACM and ICM; and

    	(2)  add to item 13 of his 14 November 2008 DD Form 214 the:  

* ACM with one bronze service star
* ICM with two bronze service stars
* Parachutist Badge
* Meritorious Unit Commendation

	f.  deleting from item 13 of the applicant's 12 February 2011 DD Form 214 the ACM with two campaign stars and Combat Action Badge;

	g.  adding to item 13 of the applicant's 12 February 2011 DD Form 214 the ACM with one bronze service star;

	h.  deleting from item 13 of the applicant's 30 November 2011 DD Form 214 the Combat Action Badge;

	i.  notifying the Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, to take appropriate action to initiate an investigation by proper authority to determine the validity of the two awards (i.e., Army Commendation Medal [4th Award] and Bronze Star Medal) for meritorious service during the same period:

	(1)  Notifying the applicant (in writing) that the authority to wear the Bronze Star Medal and Army Commendation Medal (5th Award) is suspended pending completion of the investigation and any subsequent actions.  The applicant will also be advised that he may submit a statement of concurrence or non-concurrence (with comments) concerning the two award actions being investigated.

	(2)  Upon completion of the investigation and the commander's decision on the validity of the awards, revoke the award(s), if applicable, and officially notify the applicant of the action(s) taken.

	(3)  Provide a copy of the decision (with supporting documentation) to the ABCMR for further correction of the applicant's records, if applicable.




      _______ _   _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)                                         AR20110017316



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ABCMR Supplemental Record of Proceedings (cont)                 AR20110017316



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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