IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110024234
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his second award of the Army Commendation Medal.
2. The applicant states he received the Army Commendation Medal
(2nd Award) after his DD Form 214 was issued.
3. The applicant provides his DD Form 214 and two DA Forms 638 (Recommendation for Award).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 July 2005 and held military occupational specialty 11B (infantryman). He was assigned to various stateside and overseas locations. The highest grade/rank he held while serving on active duty was specialist/E-4.
2. His record shows he was assigned in Vilseck, Germany, from 11 July 2006 to 7 February 2009. Additionally, he was deployed to Iraq from 1 August 2007 to 20 October 2008.
3. He was honorably released from active duty on 7 February 2009. His DD Form 214 shows he completed 3 years, 6 months, and 20 days of net active service of which 2 years, 6 months, and 27 days were credited as foreign service. His DD Form 214 shows he was awarded or authorized the following awards:
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge
4. He provides a DA Form 638 which shows Permanent Order Number 279-106 issued by Headquarters, 2nd Stryker Cavalry Regiment, Camp Warhorse, Iraq, on 5 October 2008 awarded him the Army Commendation Medal for meritorious service during the period 11 August 2007 to 15 November 2008.
5. He provided a DA Form 638 which shows Permanent Order Number 013-38 issued by Headquarters, 2nd Stryker Cavalry Regiment, Rose Barracks, Germany, on 13 January 2009 awarded him the Army Commendation Medal for meritorious service during the period 6 March 2006 to 8 February 2009.
6. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal (ARCOM) may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 600-8-22, paragraph 1-19, states:
a. Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
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.
c. Recommendations 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.
d. Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.
e. If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant two awards of the ARCOM for meritorious service, one of which is not shown on his DD Form 214. However, his command inadvertently published ARCOM orders for overlapping periods of service.
2. Permanent Order Number 013-38 awarded him an ARCOM for the period 6 March 2006 to 8 February 2008 for meritorious service and Permanent Order Number 279-106 awarded him an ARCOM for the period 11 August 2007 to 15 November 2008 for meritorious service during the period of his deployment.
3. Since both awards were essentially awarded for meritorious service, Permanent Order Number 279-106 which awarded him the ARCOM for his period of deployment should be corrected to show he received the award for meritorious achievement vice service and his DD Form 214 should be corrected to show both awards.
BOARD VOTE:
__X_____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* amending Permanent Order Number 279-106 to show he was awarded the ARCOM for meritorious achievement during the period 11 August 2007 to 15 November 2008
* deleting the Army Commendation Medal from his DD Form 214
* adding the Army Commendation Medal (2nd Award) to his DD Form 214
_______ _ 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) AR20110024234
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024234
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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