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ARMY | BCMR | CY2011 | 20110019453
Original file (20110019453.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    25 October 2011

		DOCKET NUMBER:  AR20110019453 


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 DA Form 4980-14 (Army Commendation Medal  Certificate) Permanent Orders Number 076-039, dated 17 March 2006, awarding him the Army Commendation Medal be removed from his Official Military Personnel File (OMPF).  

2.  The applicant states he has two end-of-tour awards for meritorious service for the same deployment posted to his OMPF.  He states the Army Commendation Medal was posted to his OMPF prior to his chain of command receiving approval for award of the Bronze Star Medal.  He further states he has been unsuccessful in his attempts to contact his former unit and the U.S. Army Human Resources Command to have the award revoked and removed from his OMPF.

3.  The applicant provides a DA Form 4980-14 Permanent Orders Number        076-039, dated 17 March 2006, and a DA Form 4980-5 (Bronze Star Medal Certificate) Permanent Orders Number 161-002, dated 10 June 2006. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank/grade of captain (CPT)/O-3.  

2.  Permanent Orders 076-039, dated 17 March 2006, awarded the applicant the Army Commendation Medal for the period 12 August 2005 through 1 August 2006.  This order is filed in his OMPF.  

3.  Permanent Orders 161-002, dated 10 June 2006, awarded the applicant the Bronze Star Medal for the same period, 12 August 2005 through 1 August 2006.  This order is also filed in his OMPF.

4.  The citation for the Army Commendation Medal and Bronze Star Medal are identical.  

5.  In a 17 August 2011 email message, an HRC representative informed the applicant that they only remove "exact" duplicates [orders].  He was advised that if he wished to have one order removed, he must contact this Board.  

6.  Army Regulation 600-8-22 (Military Awards) provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  To ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award, except for retiring U.S. Army general officers.  When a higher award is approved, the approving authority will revoke the interim award using a separate permanent order in accordance with Army Regulation 600-8-105.

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records), provides in Table 2-1 (Composition of the OMPF) that award orders are filed in the Commendatory and Disciplinary portion of the OMPF.  This regulation also provides that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The applicantÂ’s request to remove DA Form 4980-14 Permanent Orders Number 076-039, dated 17 March 2006, which awarded him the Army Commendation Medal, from his OMPF has been carefully considered and found to have merit.  

2.  The evidence of record shows the applicant received award of the Army Commendation Medal and later received the Bronze Star Medal for the same act, achievement, and period of meritorious service.  Therefore, it would prevent confusion to correct his record by removing the Army Commendation Medal from his 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 DA Form 4980-14 Permanent Orders Number 076-039, dated             17 March 2006, which awarded him the Army Commendation Medal, from his OMPF.




      __________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)                                         AR20110019453



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ABCMR Record of Proceedings (cont)                                         AR20110019453



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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