IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20150004133
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 the removal of the certificate awarding him the Army Commendation Medal for the period 1 August 2004 to 15 February 2007 from his official military personnel file (OMPF).
2. The applicant states he was awarded the Army Commendation Medal in 2007 as an interim award while his award of the Meritorious Service Medal was being processed. He was subsequently awarded the Meritorious Service Medal for the same period; however, the Army Commendation Medal was scanned into his record in error.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was serving on active duty as a Regular Army (RA) captain (CPT) and he was assigned to the 504th Military Police (MP) Battalion, 42nd MP Brigade, Fort Lewis, WA from August 2004 to February 2007.
3. His record contains:
a. A certificate wherein it shows Permanent Order (PO) 45-001, issued by the 42nd MP Brigade, Fort Lewis, awarded him the Army Commendation Medal for his exemplary performance while serving as the 42 MP Brigade Battle CPT and the 67th MP Company Commander for the period 1 August 2004 to 15 February 2007.
b. A certificate wherein it shows PO 044-3, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, awarded him the Meritorious Service Medal for his exceptionally meritorious service while serving as the 42 MP Brigade Battle CPT and the 67th MP Company Commander for the period 1 August 2004 to 15 February 2007.
4. He is currently serving on active duty as an RA major and he is assigned to Fort Eustis, VA.
5. Army Regulation 600-8-22 (Military Awards), paragraph 1-19, states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the certificate awarding him the Army Commendation Medal should be removed from his OMPF as it was an interim award and should not have been placed in his record.
2. The evidence of record confirms his OMPF contains a certificate awarding him the Army Commendation Medal for his service in the 42nd MP Brigade and 6th MP Company during the period 1 August 2004 to 15 February 2007. In addition, his OMPF also contains a certificate awarding him the Meritorious Service Medal for the same service and period of service. The governing regulation states only one decoration will be awarded to an individual for the same achievement or period of meritorious service
3. In view of the foregoing, it would be appropriate to revoke PO 45-001 awarding the applicant the Army Commendation Medal for the period 1 August 2004 to 15 February 2007 and remove the certificate from 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:
* publishing orders revoking PO 45-001 awarding the applicant the Army Commendation Medal for the period 1 August 2004 to 15 February 2007
* removing the certificate awarding him the Army Commendation Medal from his OMPF
* insuring the revocation orders are not filed in 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) AR20150004133
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ABCMR Record of Proceedings (cont) AR20150004133
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