IN THE CASE OF: 

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20140004510 


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, in effect, that an Army Commendation Medal (ARCOM) Certificate, dated 20 July 2012, and Permanent Orders (PO) 277-10, dated 3 October 2012, be removed from his Army Military Human Resource Record (AMHRR).  In addition, the applicant requests that a Meritorious Service Medal (MSM) Certificate, dated 20 July 2012, replace the ARCOM Certificate, dated 20 July 2012, in his AMHRR.

2.  The applicant states the ARCOM was a permanent change of station (PCS) award that was originally downgraded from an MSM on 25 July 2012.  That same day his Battalion Executive Officer took the original DA Form 638 (Recommendation for Award) back to division and Major General (MG) M_________, Commander, 101st Airborne Division (Air Assault) approved and signed the award as an MSM.  All attempts to post the MSM to his AMHRR have been unsuccessful, likely due to the same order number being on both the ARCOM and MSM.  

3.  PO 277-10, dated 3 October 2012, are orders for a battalion he was not assigned to during Operation Enduring Freedom.  The orders were erroneously uploaded in addition to the correct orders from the 1st Battalion, 502nd Infantry Regiment.  Orders for the 1st Battalion, 320th Field Artillery need to be removed from his AMHRR. 




4.  The applicant provides:

* ARCOM Certificate, dated 20 July 2012
* MSM Certificate, dated 20 July 2012
* two DA Forms 638, dated 25 July 2012
* PO 227-10, dated 3 October 2012, issued by the HRC
* PO 299-16, dated 25 October 2012, issued by the HRC

CONSIDERATION OF EVIDENCE:

1.  On 31 May 2008, the applicant took the oath of office as a Regular Army (RA) officer in the Infantry Branch.  He is currently serving in the RA as a captain.

2.  His AMHRR contains the contested ARCOM Certificate, which shows he received the award for the period 19 August 2009 through 27 July 2012 while he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 502nd Infantry Regiment, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault).  

3.  The ARCOM Certificate shows PO Number 12-202-003, issued by Headquarters, 101st Airborne Division (Air Assault), announced award of the ARCOM to him for meritorious service while serving in numerous positions of increased responsibilities, culminating as an executive officer.  The certificate bears the signature of MG J____ C. M_________, Commanding General (CG).

4.  He provides a DA Form 638 showing Major (MAJ) S___ M. B____ , Battalion Commander, recommended him for award of the MSM.  His Brigade Commander, Lieutenant Colonel (LTC) T______ R. H______, recommended approval for award of the MSM for the period 19 August 2009 through 27 July 2012.  The award was downgraded to an ARCOM by MG J____ C. M_________ and announced in PO Number 12-202-003.

5.  The MSM Certificate shows PO Number 12-202-003, issued by Headquarters, 101st Airborne Division (Air Assault), announced award of the MSM to him for meritorious service while serving in numerous positions of increased responsibilities, culminating as an executive officer.  The certificate bears the signature of MG J____ C. M_________, CG.

6.  He provides a second DA Form 638 showing MAJ S___ M. B____, Battalion Commander, recommended him for award of the MSM.  His Brigade Commander, LTC T______ R. H______, recommended approval for award of 
the MSM for the period 19 August 2009 through 27 July 2012.  The award was approved by MG J____ C. M_________ and announced in PO Number 12-202-003.

7.  His AMHRR contains PO Number 277-10, dated 3 October 2012, issued by the U.S. Army Human Resources Command (HRC).  This order awards the Presidential Unit Citation (PUC) to Headquarters and Headquarters Battery, 1st Battalion, 320th Field Artillery Regiment and subordinate units, during the period 13 July 2010 through 12 August 2010.  In addition, his AMHRR contains PO Number 299-16, dated 25 October 2012, issued by HRC, show that the 1st Battalion, 502nd Infantry Regiment was awarded the PUC for the period 
16 November 2010 through 26 November 2010.

8.  In the processing of this case two emails were obtained from former officers of the 1st Battalion, 502nd Infantry Regiment.

	a.  In an email, dated 21 April 2014, LTC J______ W. P_____, the former battalion commander, 1st Battalion, 502nd Infantry Regiment, Forward Observation Base (FOB) Joyce, Afghanistan, replied to the Board's request for assistance with the applicant's MSM stating, "I remember this one.  CPT P____ was pulled up to be the rear S3 during the last deployment.  We put him in for an MSM and the 'standard downgrade for the rank' approved an ARCOM.  We pushed harder and got it changed to an MSM." 

	b.  In an email, dated 21 April 2014, MAJ S___ M. B____, the former battalion executive officer, 1st Battalion, 502nd Infantry Regiment, Rear Detachment stated he could vouch that the applicant was awarded an MSM.  After the applicant's initial award came back downgraded to an ARCOM, he brought the issue to the detachment commanding officer, LTC T______ R. H______.  He stated, "In front of me, he called MG M_________ and explained the situation (CPT P_____ was working as the BN S-3 and all the training that he had personally planned and laid on, much of which had been personally lauded by the CG).  Once the CG heard our appeal and recognized the work [the applicant] had done, he asked [a staff member]… to bring the award back to him.  We received the amended award (MSM) later that week."

9.  In an email, dated 29 April 2013, the applicant stated the comments provided by his former executive officer and battalion commander are correct and adequately support his case.

10.  A DA Form 67-9 (Officer Evaluation Report) for the period 5 May 
2012 through 10 December 2012 shows that LTC J______ W. P_____ served as battalion commander, 1st Battalion, 502nd Infantry Regiment, FOB Joyce, Afghanistan.

11.  A DA Form 67-9 report for the period 2 December 2011 through 1 December 2012 shows that MAJ S___ M. B____ served as battalion executive officer, 1st Battalion, 502nd Infantry Regiment.

12.  Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

13.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) governs the composition of the AMHRR and states the performance folder is used for filing performance, commendatory, and disciplinary data.  Once placed in the AMHRR, the document becomes a permanent part of that file.  The document will not be removed from or moved to another part of the AMHRR unless directed by certain agencies, to include this Board.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to remove the ARCOM from his AMHRR and replace it with an MSM was carefully considered and it was determined there is sufficient evidence to support his request.

2.  The email statements from the former battalion commander and former battalion executive officer verify that the commanding general downgraded the MSM to an ARCOM.  After some convincing from the former brigade commander
of the applicant's meritorious service, the CG approved the MSM.

3.  Evidence of record clearly shows the CG's intent was to replace the ARCOM with the MSM.  Therefore, the evidence presented is sufficient to warrant a recommendation of relief.  The ARCOM Certificate for the period 19 August 
2009 through 27 July 2012 in the applicant's AMHRR should be removed and replaced with the MSM Certificate for the period 19 August 2009 through 27 July 2012.

4.  There is no evidence that the applicant was assigned to Headquarters and Headquarters Battery, 1st Battalion, 320th Field Artillery Regiment.  Evidence of record shows he was assigned to HHC, 1st Battalion, 502nd Infantry Regiment, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault).  Therefore, PO Number 277-10, dated 3 October 2012, should be removed from his AMHRR.
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: 

	a.  Removing from applicant's AMHRR the ARCOM Certificate for the period 17 October 2010 to 5 October 2011 and Permanent Order Number 277-10, dated 
3 October 2012.

	b.  Adding to the applicant's AMHRR the MSM Certificate for the period 
19 August 2009 through 27 July 2012.




      ___________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.



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