IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20150008053 


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 a DA Form 4980-18 (Army Achievement Medal (AAM) Certificate) from his Official Military Personnel File (OMPF).

2.  The applicant states an AAM certificate that represents a medal that was not awarded to him is filed in the performance folder of his OMPF.

   a.  He states the name typed on the certificate is identical to his name and his Social Security Number (SSN) is handwritten on the certificate; however, the award was not presented to him.  He also states that he was not in the Army during a portion of the period for the award nor was he ever stationed at Fort Knox, Kentucky.

   b.  He states that he believes an administrative error was made when the SSN was handwritten on the award certificate and then filed in his OMPF.

3.  The applicant provides copies of his Enlisted Record Brief (ERB) and the AAM certificate.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve on
17 October 2005 for a period of 8 years and that he further enlisted in the Regular Army on 16 November 2005 for a period of 4 years and 18 weeks.

He had no previous military service upon enlistment.  It also shows in –

* item 1 (Name):  "J----, D--- A---"
* item 2 (SSN):  "XXX-XX-XX04"

2.  A review of the applicant's military service records shows a DA Form 4980-18 is filed in the performance folder of his OMPF that shows Private First Class D--- J---- was awarded the AAM for meritorious service from 1 June 2005 to 
14 December 2005.  The award was announced in Headquarters, 1st Squadron, 16th Cavalry Regiment, Fort Knox, KY, Permanent Orders Number 0292-01, dated 19 October 2005.  The SSN "XXX-XX-XX04" is handwritten on the AAM certificate.

3.  A further review or his records failed to reveal any additional awards of the AAM.

4.  The applicant is currently serving in the Regular Army.

5.  In support of his application the applicant provides a copy of his ERB.

   a.  The ERB shows in –

* Section III (Service Data) –

* Date Initially Entered Military Service:  17 October 2005
* Basic Active Service Date:  16 November 2005

* Section VIII (Awards and Decorations), one award of the AAM

   b.  Section IX (Assignment Information) of the ERB fails to show that he was assigned to the 1st Squadron, 16th Cavalry Regiment, Fort Knox, KY.

6.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides policies, operating tasks, and steps governing the OMPF.

   a.  Appendix B (Documents Required for Filing in the Army Military Human Resource Record (AMHRR) and/or Interactive Personnel Electronic Records Management System (iPERMS)) shows that all documents approved by the Department of the Army and required for filing in the AMHRR and/or iPERMS can be found at the appropriate websites.  The iPERMS website shows that award certificates/orders are filed in the performance folder of the OMPF.

	b.  Chapter 3 (AMHRR Management Program), paragraph 3-6 (Authority for filing or removing documents in the AMHRR folders), shows that only documents pertaining to a Soldier's military career will be filed in the AMHRR.  Once properly filed in the AMHRR, the document will not be removed from the record unless directed by, in pertinent part, one of the following –

* the Official Records Custodian for administrative purposes (this includes, but is not limited to deleting or moving mistakenly filed documents from the performance or service folder to the restricted folder and vice versa)
* Army Board for Correction of Military Records

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that an AAM Certificate that was erroneously associated with his military service record should be removed from his OMPF.

2.  The Official Records Custodian is authorized to administratively delete/ remove mistakenly filed documents from the performance folder of the OMPF.  However, based on prima facie review, it would not be readily apparent that the DA Form 4980-18 is mistakenly filed.

3.  The evidence of record shows the DA Form 4980-18 was issued to a Soldier with the same first and last name as the applicant.  However, the applicant was not serving in the U.S. Army during a significant portion of the period that the award represents.  In addition, there is no evidence of record that shows the applicant was assigned or attached to the unit identified in the award citation.

   a.  The evidence of record shows the applicant's SSN was handwritten on the DA Form 4980-18 and it was filed in the performance folder of his OMPF.  In addition, his ERB shows one award of the AAM.

   b.  Thus, it is reasonable to conclude that an administrative error occurred when the SSN was handwritten on the AAM certificate, which resulted in it being filed in the applicant's OMPF and posted to his ERB.

4.  Therefore, it is concluded that the DA Form 4980-18 under review is erroneously filed and that it would be appropriate to remove it from his OMPF.


BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by removing from the performance (commendatory) folder of the individual's Official Military Personnel File the DA Form 4980-18, issued on 19 October 2005 (i.e., Headquarters, 
1st Squadron, 16th Cavalry Regiment, Fort Knox, KY, Permanent Orders Number 0292-01, dated 19 October 2005), and also correcting Section VIII of his Enlisted Record Brief, as appropriate.

2.  To ensure this decision results in no unintended harm to the individual concerned, following completion of the administrative corrections directed herein, this Army Board for Correction of Military Records, Record of Proceedings, and all documents related to this appeal will be returned to this Board for permanent filing.  This Army Board for Correction of Military Records, Record of Proceedings, and associated documents will not be filed in the individual's Official Military Personnel File.




      _____________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)                                         AR20150008053



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ABCMR Record of Proceedings (cont)                                         AR20150008053



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