IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140017605 


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 following documents from his Official Military Personnel File (OMPF):

* Army Achievement Medal (AAM) Certificate containing Permanent Orders (PO) Number 008-01, dated 8 January 2013 
* DA Form 638 (Recommendation for Award), containing PO Number
008-01, dated 8 January 2013, awarding him the AAM (4th Oak Leaf Cluster (4OLC))
* Orders 060-46, dated 1 March 2006, awarding him the Army Good Conduct Medal (AGCM) (2nd Award) 

2.  He states he was awarded two AAMs for the same achievement in two separate PO and DA Forms 638:  

* PO 008-01, dated 8 January 2013, and DA Form 638 containing the same PO Number
* PO 346-01, dated 12 December 2013, and a DA Form 638 with the same PO Number

3.  He explains the AAM and DA Form 638 containing PO Number 008-01 were issued when the original award could not be found.  Additionally, he states PO 060-46 dated 1 March 2006 awarded him the AGCM for the wrong period of service.  However, he was subsequently issued an order for the AGCM (2nd Award) for the correct period of service, but the original order was never revoked and/or removed from his OMPF. 
4.  He provides:

* Two DA Forms 638
* Two AAM certificates
* Two AGCM orders 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 2 September 1999.  On 
6 November 2012, he was honorably discharged to accept an appointment as a warrant officer which he accomplished the following day.  He is currently serving on active duty in the rank of chief warrant officer two.

2.  He provided and his OMPF contains:

   a.  PO 060-46, dated 1 March 2006, that awarded him the AGCM (2nd Award) for the period 2 September 2000 to 1 September 2003. 

   b.  PO 139-43, dated 19 May 2006, that awarded him the AGCM (2nd Award) for the period 2 September 2002 to 1 September 2005.

	c.  An AAM certificate for the period 3 September to 6 December 2013 with a DA Form 638, both containing PO Number 008-01, dated 8 January “2013.”  The DA Form 638 shows the approval for award of the AAM (4OLC).  The approval authority approved this award on 8 January 2014.  Therefore the date of the order should be listed as 8 January 2014.  

   d.  An AAM certificate for the period 3 September to 6 December 2013 with a DA Form 638 containing PO Number 346-01, dated 12 December 2013.  The 
DA Form 638 shows the approval for award of the AAM (4OLC).  The approval authority approved this award on 12 December 2013.  

3.  The applicant's record is void of PO awarding him the AGCM (1st Award).

4.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

   b.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  Chapter 2 of this regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 (Composition of the OMPF) of this Army regulation shows that award orders (includes badges, bars, tabs, and so forth) are filed in the performance portion of the OMPF.  Paragraph 2-4 contains guidance on changing the OMPF.  It indicates, in pertinent part, that the Army Board for Correction of Military Records (ABCMR) may direct removal or movement of documents filed in the OMPF in the interest of justice or equity.

DISCUSSION AND CONCLUSIONS:

1.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods, and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

2.  The evidence of record shows the applicant entered active duty on 
2 September 1999; therefore, his qualification period for the AGCM (1st Award) is from 2 September 1999 to 1 September 2002 and the AGCM (2nd Award) is from 2 September 2002 to 1 September 2005 which is consistent with the period of service cited in Orders 139-43.  Therefore, it would be appropriate to correct the applicant's OMPF by first revoking PO 060-46, then removing PO 060-46, and finally ensuring the revocation orders are not filed in his OMPF.

3.  The evidence of record shows his OMPF contains two AAMs and two 
DA Forms 638 for the same period of service which is prohibited by regulation.  Therefore, it would be appropriate to correct his OMPF by first revoking 
PO 008-01, then removing PO 008-01 and the DA Form 638 containing the same order number from his OMPF, and finally ensuring the revocation orders are not filed in his OMPF. 




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. revoking PO 060-46, dated 1 March 2006, removing PO 060-46 dated 
1 March 2006 from his OMPF, and ensuring the revocation orders are not filed in his OMPF;
   
b. revoking PO 008-01, dated 8 January 2013, removing PO 008-01 dated 
8 January 2013 from his OMPF, and ensuring the revocation orders are not filed in his OMPF; and
   
   c.  removing DA Form 638, containing PO 008-01, dated 8 January 2013 from his OMPF.



      _______ _   __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)                                         AR20140017605



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ABCMR Record of Proceedings (cont)                                         AR20140017605



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