BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120011014
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 award of two Army Commendation Medals.
2. The applicant states he was unaware he had received the awards until after he was released from active duty.
3. The applicant provides two DA Forms 4980-14 (Army Commendation Medal Certificate).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 27 September 2007. He was honorably released from active duty on 20 February 2011 after completing 3 years, 4 months, and 24 days of active service.
2. His DD Form 214 shows he was awarded or authorized the:
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with three bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Driver and Mechanic Badge with Mechanic Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Bar (2nd Award)
* Army Lapel Button
3. This form further shows the applicant was deployed to Iraq for the periods 28 May 2008 through 23 February 2009 and 2 June through 22 December 2010.
4. The applicant provides a copy of a DA Form 4980-14 which shows Permanent Order Number 355-001 issued by Headquarters, 2d Brigade, 25th Infantry Division, Forward Operating Base Warhorse, dated 20 December 2010, awarded him the Army Commendation Medal for exceptional and meritorious service while assigned as a sniper during the Operation Iraqi Freedom Sovereignty Campaign and Operation New Dawn during the period 2 July through 21 December 2010.
5. The applicant provides a copy of a DA Form 4980-14 which shows Permanent Order Number 355-002 issued by Headquarters, 2d Brigade, 25th Infantry Division, Forward Operating Base Warhorse, dated 20 December 2010, awarded him the Army Commendation Medal for exceptionally meritorious service while assigned to the 1st Battalion, 27th Infantry Regiment, during the period 20 March 2008 through 20 February 2011.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 1-19 provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. 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. 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. Continuation of the same or similar type of service already recognized by an award for meritorious service or achievement will not be the basis for a second award. 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.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214 and states all decorations, badges, citations, and campaign ribbons awarded or authorized for all periods of service should be entered.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was awarded two Army Commendation Medals for overlapping periods of meritorious service.
2. Armed with the knowledge that only one decoration can be awarded to an individual or unit for the same act, achievement, or period of meritorious service, it is reasonable to presume the applicant's commander erred in awarding him the Army Commendation Medal for meritorious service for his achievements as a sniper while he was deployed in support of Operation Iraqi Freedom.
3. Therefore, in the interest of equity, Permanent Order Number 355-001 issued by Headquarters, 2d Brigade, 25th Infantry Division, Forward Operating Base Warhorse, dated 20 December 2010, awarding him the Army Commendation Medal for exceptional and meritorious service while assigned as a sniper during the Operation Iraqi Freedom Sovereignty Campaign and Operation New Dawn during the period 2 July through 21 December 2010 should be amended to show exceptionally meritorious achievement. His DD Form 214 should be corrected to show award of two Army Commendation Medals.
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:
a. amending Permanent Order Number 355-001, dated 20 December 2010, awarding him the Army Commendation Medal for "exceptional and meritorious service" to read "exceptionally meritorious achievement."
b. 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) AR20120011014
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