IN THE CASE OF:
BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20130008116
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 the DA Form 4980-18 (The Army Achievement Medal Certificate) for Permanent Orders 282-100, dated 9 October 2002, awarding him the Army Achievement Medal from his Army Military Human Resource Record (AMHRR).
2. The applicant states when he was deployed to Kosovo in 2002, he was recommended for award of the Army Commendation Medal; however, the award was downgraded to an Army Achievement Medal, Permanent Orders 282-100, dated 9 October 2002. His supervisor fought to have the award upgraded and ultimately he was awarded the Army Commendation Medal, Permanent Order 313-06, dated 9 November 2002. He now has two awards for the same time period with virtually the same citation resident in his AMHRR.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 4980-18
* Army Commendation Medal Certificate
* an email from a representative of the U.S. Army Human Resources Command (HRC)
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank/grade of major/
O-4.
2. Permanent Orders 282-100, dated 9 October 2002, awarded the applicant the Army Achievement Medal for the period 3 May 2002 through 21 November 2002. These orders are filed in his AMHRR with his social security number written on the document.
3. Permanent Orders 313-06, dated 9 November 2002, awarded the applicant the Army Commendation Medal for the same period, 3 May 2002 through 21 November 2002. These orders are also filed in his AMHRR with his social security number written on the document.
4. The citation for both the Army Achievement Medal and Army Commendation Medal are nearly identical.
5. The applicant provides a copy of correspondence from a representative of HRC who instructed him to contact the Army Board for Correction of Military Records (ABCMR).
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.
7. Army Regulation 600-8-104 (Army Military Human Resource Records Management), provides in table 2-1 (Composition of the AMHR) that award orders are filed in the commendatory and disciplinary portion of the AMHRR. This regulation also provides that once filed such documents become a permanent part of the AMHRR and may only be removed by one of several agencies, one of which is the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to remove the DA Form 4980-18 for Permanent Orders 282-100, dated 9 October 2002, which awarded him the Army Achievement Medal from his AMHRR has been carefully considered and found to have merit.
2. The evidence of record clearly shows that contrary to regulatory guidance, the applicant received award of the Army Achievement Medal and later received award of the Army Commendation Medal for the same act, achievement, and period of meritorious service. Therefore, he is entitled to the requested relief.
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 the DA Form 4980-18 for Permanent Orders 282-100, dated 9 October 2002, which awarded him the Army Achievement Medal from his AMHRR.
_______ _ _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) AR20130008116
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