IN THE CASE OF:	   

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140005278 


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 four awards of the Army Commendation Medal (ARCOM) (i.e., ARCOM (3rd Oak Leaf Cluster (OLC)).

2.  The applicant states he received his last award of the ARCOM after he was released from active duty (REFRAD) and it is not recorded on his DD Form 214. He is not sure which one of the awards is not recorded on his separation document.

3.  The applicant provides copies of three DA Forms 4980-14 (ARCOM Certificates) and two DA Forms 638 (Recommendations for Award).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 July 2008 for a period of
4 years and 16 weeks.  He was awarded military occupational specialty 11B (Infantryman).  He was promoted to sergeant/pay grade E-5 on 1 May 2011.

2.  A review of the applicant's military personnel records revealed three ARCOM award certificates (that the applicant also provides in support of his application) that show he was awarded the ARCOM, as follows –

* for meritorious achievement on 6 October 2009 by Headquarters (HQ), Task Force (TF) Mountain Warrior, Jalalabad, Afghanistan, Permanent Order (PO) Number 310-220, dated 6 November 2009
* for meritorious service from 3 March 2012 to 15 July 2012, by HQ, 
TF Mountain Warrior, Forward Operating Base (FOB), Jalalabad, Afghanistan, PO Number 203-016, dated 21 July 2012
* for meritorious service from 22 July 2008 to 10 November 2012, by HQ, 4th Infantry Brigade, 4th Infantry Division (4/4), Fort Carson, CO, 
PO Number 191-013, dated 9 July 2012

3.  His DD Form 214 shows he was honorably REFRAD, on 10 November 2012, based on completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 4 years, 3 months, and 19 days of net active service this period.  It also shows, in pertinent part, in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the ARCOM (3rd Award).

4.  In support of his application, in addition to the three ARCOM certificates summarized above, the applicant also provides two DA Forms 638 that show –

* HQ, TF 4/4, PO Number 203-016, dated 21 July 2012, awarded him the ARCOM for meritorious service from 3 March 2012 to 15 July 2012
* HQ, TF 4/4, FOB Fenty, PO Number 191-013, dated 9 July 2012, awarded him the ARCOM (2nd OLC) for meritorious service from 22 July 2008 to 
10 November 2012

5.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded a fourth award of the ARCOM (i.e., ARCOM (3rd OLC)).

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  Chapter 1 (Introduction), paragraph 1-19 (Duplication of awards), provides that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

    	(1)  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.

    	(2)  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.

    	(3)  Continuation of the same or similar type 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.

   b.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  An OLC is awarded to denote the second and each succeeding award of the ARCOM.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show four awards of the ARCOM.

2.  The evidence of record shows that permanent orders awarded the applicant three awards of the ARCOM (i.e., ARCOM (2nd OLC)) and his DD Form 214 shows the ARCOM (3rd Award).

   a.  The applicant provides three ARCOM certificates and two DA Forms 638 that show he received three awards of the ARCOM (one for meritorious achievement on 6 October 2009 and two for meritorious service (i.e., from
3 March 2012 to 15 July 2012 and also from 22 July 2008 to 10 November 2012).  

   b.  It is noted that the two awards of the ARCOM for meritorious service (emphasis added) appear to be duplicate awards in that they share overlapping periods of service.  Thus, it is reasonable to conclude that the ARCOM awarded for the period 3 March 2012 to 15 July 2012 may have been intended to recognize his meritorious achievement.  In any event, no action is being taken regarding the duplicate awards for meritorious service.

   c.  There is no evidence of record to substantiate a fourth award of the ARCOM.

   d.  The governing Army regulation is clear that award of a personal decoration requires announcement of the award in orders.  The evidence of record fails to satisfy this requirement.

   e.  Thus, there is an insufficient evidentiary basis to correct the applicant's records to show he was awarded a fourth ARCOM (i.e., the ARCOM (3rd OLC)).

3.  Therefore, in view of the foregoing, there is an insufficient evidentiary basis to grant the applicant's 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)                                         AR20140005278



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ABCMR Record of Proceedings (cont)                                         AR20140005278



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