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ARMY | DRB | CY2005 | 20050018064
Original file (20050018064.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050018064


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the certificate awarding the
Army Commendation Medal, to another Soldier having a similar name to his
own, be removed from his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, that he is trying to "clean out all
errors" from his OMPF and, the certificate awarding the Army Commendation
Medal to the Soldier named in the certificate, that he wishes to have
removed from his OMPF, does not pertain to him and he asks that it be
removed from his OMPF.

3.  The applicant provided a copy of the certificate which awards the Army
Commendation Medal (Permanent Orders 5-7, Fort Bragg, North Carolina, dated
4 January 1994), to a Soldier who has a name similar to his own, in support
of his request.

CONSIDERATION OF EVIDENCE:

1.  The evidence shows that the applicant is currently an active duty
Soldier assigned to Headquarters and Headquarters Company, 1st Battalion,
3rd Aviation Regiment, Hunter Army Airfield, Georgia.  The applicant is a
Staff Sergeant, E-6, with a date of rank of 1 March 2003.

2.  The evidence shows that the Soldier to whom the Army Commendation Medal
was awarded was serving as a supply sergeant in Battery A, 3rd Battalion,
27th Field Artillery Regiment (MLRS (Multiple Launch Rocket Systems)), Fort
Bragg, North Carolina.  The award was made for exceptionally meritorious
service for the period from 3 April 1974 through 1 August 1994.

3.  On close review of the award certificate, the last name of the Soldier
who was awarded the Army Commendation Medal was spelled, "F***d" whereas
the applicant spells his last name, "F****s."  It appears the award
certificate was misfiled by the custodian of the OMPF.

4.  The evidence shows that the applicant did not enlist in the Regular
Army until 20 September 1989, after the beginning date shown in the award
certificate.  The applicant has remained in service through a number of
reenlistments and is on active duty.
5.  The applicant's Enlisted Record Brief shows the applicant was serving
in the rank and pay grade of Specialist, E-4, as a squad leader, at Fort
Sill, Oklahoma, on the date the Army Commendation Medal was awarded to the
Soldier at Fort Bragg, North Carolina.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for removal of the certificate for award of the
Army Commendation Medal (Permanent Orders 5-7, Fort Bragg, North Carolina,
dated 4 January 1994) has merit.

2.  The Soldier who was awarded the Army Commendation Medal was serving as
a supply sergeant at Fort Bragg, North Carolina.  The award was made for
the period from 3 April 1974 through 1 August 1994.

3.  The applicant did not enlist in the Army until (20 September 1989) well
after the beginning date of the period of service being recognized (3 April
1974).  On the date the award was presented to the recipient, the applicant
was stationed at Fort Sill, Oklahoma.

4.  It is apparent, from the evidence, that the certificate awarding the
Army Commendation Medal to a Soldier with a similar name to that of the
applicant was misfiled.  The Army Commendation Medal awards certificate
appears not to pertain to the applicant and it should be removed from his
OMPF in the interest of justice.

BOARD VOTE:

_LDS____  ___RMN_  __REB _  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
removing the awards certificate awarding the Army Commendation Medal from
the applicant's OMPF.




                                  __Linda D. Simmons_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018064                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  328  |134.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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