IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120000233
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 a duplicate DA Form 4980-5 (Bronze Star Medal Certificate) for Permanent Order 234-038, dated 21 August 2004, awarding him the Bronze Star Medal and removal of a memorandum with a suspense date of 27 January 2012, subject: Options Upon Non-selection for Promotion after Second Consideration, from his official military personnel file (OMPF).
2. The applicant states he only received one Bronze Star Medal in his career which was awarded to him on 11 March 2004. A duplicate award citing the same service was apparently awarded on 21 August 2004 and added to his OMPF on 7 December 2009 in error. He further states the promotion non-selection statement of separation options memorandum was produced before the U.S. Army Reserve Command G-1 Officer Management Branch confirmed his eligibility and selective continuation status from the previous year.
3. The applicant provides:
* two Bronze Star Medal Certificates
* promotion non-selection statement of separations options memorandum
* a self-authored statement
* seven pages of email communication
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the U.S. Army Reserve in the rank/grade of captain/O-3.
2. Permanent Order 071-017, dated 11 March 2004, awarded the applicant the Bronze Star Medal for meritorious service for the period 10 December 2003 through 18 April 2004. These orders are filed in his OMPF with his social security number (SSN) written on the document.
3. Permanent Order 234-038, dated 21 August 2004, awarded the applicant the Bronze Star Medal for meritorious service for the same period, 10 December 2003 through 18 April 2004. These orders are also filed in his OMPF with his SSN written on the document.
4. The citation for both Bronze Star Medals is identical.
5. The applicant provides and his record contains a memorandum with a suspense date of 27 January 2012, subject: Options Upon Non-selection for Promotion after Second Consideration. The purpose of the memorandum is to provide information concerning options available to the applicant as a result of his non-selection for promotion.
6. The applicant provides copies of email communication between himself and the U.S. Army Reserve Command (USARC) G-1, Officer Management Branch (OMB) and the Chief, OMB, 63rd Regional Support Command (RSC). Within the emails, the USARC G-1 acknowledges the applicant was approved for Selective Continuation (SELCON) in 2010. The Chief, OMB, 63rd RSC, stated they did not have access to the previous SELCON list when they sent out the memorandum in question.
7. 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.
8. 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 Army Board for Correction of Military Records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to remove the DA Form 4980-5 for Permanent Order 234-038, dated 21 August 2004, which awarded him the Bronze Star Medal from his OMPF has been carefully considered and found to have merit.
2. The evidence of record clearly shows that contrary to regulatory guidance, the applicant was awarded the Bronze Star Medal and later was awarded the Bronze Star Medal for the same period of meritorious service. Therefore, he is entitled to the requested relief.
3. With regard to the applicants request for removal of the Options Upon Non-selection for Promotion after Second Consideration memorandum from his OMPF, this also has been carefully considered and found to have merit.
4. The evidence clearly shows that despite the applicants approval for SELCON, his servicing RSC erroneously produced the memorandum in question and placed the document in his OMPF. Had the applicants servicing RSC had access to the SELCON list at the time it produced the memorandum, it is reasonable to presume the memorandum would not have been created and included in his OMPF. Therefore, in the interest of justice, the memorandum should be removed 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 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 removing the DA Form 4980-5 for Permanent Order 234-038, dated 21 August 2004, which awarded him the Bronze Star Medal and to remove the Options Upon Non-selection for Promotion after Second Consideration memorandum, with a suspense date of 27 January 2012, 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) AR20120000233
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