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ARMY | BCMR | CY2012 | 20120017109
Original file (20120017109.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  25 April 2013

		DOCKET NUMBER:  AR20120017109 


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 that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show award of five Army Commendation Medal.

2.  The applicant states his DD Form 214 does not show his 2004 and 2005 Army Commendation Medals with order numbers.

3.  The applicant provides copies of his DD Form 214 and two Army Commendation Medal Citations.

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty from 29 May 1997 through 6 November 2011.  He had no prior service.

2.  His DD Form 214 shows award of three Army Commendation Medals.

3.  The applicant's interactive Personnel Electronic Records Management System contains:

* orders for two Good Conduct Medals and an Army Achievement Medal
* his Enlisted Record Brief lists only one Army Commendation Medal 
* his Personnel Qualification Record - Part II does not list any Army Commendation Medals

4.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  Without additional documentation such as orders for all five Army Commendation Medals, it is impossible to determine the correct number of Army Commendation Medals the applicant has been authorized or awarded.  

2.  Therefore, the presumption of administrative regularity must be applied and the applicant's request should be denied.

3.  If the applicant has copies of the certificates with order numbers and/or orders for all of his Army Commendation Medals, and any other awards, he is encouraged to reapply and provide those copies for a reconsideration of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


      _______ _   _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)                                         AR20120017109





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20120017109



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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