IN THE CASE OF: BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20170003667 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20170003667 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 revoking Headquarters, III Corps and Fort Hood, TX, Permanent Order Number 265-03, dated 1 October 2015, and taking the following actions pertaining to his Official Military Personnel File (Service – Administrative, Performance – Commendatory, and Personnel Records Review – Awards and Decorations) folders: * removing the DA Form 638 (Recommendation for Award) approved and announced on 1 October 2015 under Permanent Order Number 265-03 * removing the DA Form 4980-12 (Meritorious Service Medal Certificate) issued on 22 September 2015 under Permanent Order Number 265-03 2. To ensure this decision results in no unintended harm to the individual concerned, this Record of Proceedings and all documents related to this appeal with the exception of the DA Form 638 and DA Form 4980-12 pertaining to the Meritorious Service Medal approved and announced under Headquarters, III Corps and Fort Hood, Fort Hood, TX, Permanent Order Number 231-04, dated 31 August 2015, will be returned to this Board for permanent filing. The Record of Proceedings and associated documents will not be filed in the individual's Official Military Personnel File or any other folder/section of the Army Military Human Resource Record. _____________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. IN THE CASE OF: BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20170003667 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 638 (Recommendation for Award) and a DA Form 4980-12 (Meritorious Service Medal Certificate) showing the period of award from 4 March 2014 to 19 January 2016 from his Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS). 2. The applicant states two awards of the Meritorious Service Medal (MSM) are filed in his OMPF that were awarded for his meritorious service while assigned as Commander, 988th Military Police (MP) Company, 92nd MP Battalion. Both MSMs were issued based on his permanent change of station (PCS) and have the same comments/achievements. However, one award shows the period of award as 1 March 2014 to 3 September 2015 and the other shows the period of award as 4 March 2014 to 19 January 2016. In addition, the two awards were issued with different permanent order (PO) numbers (#) and dates. a. He states that he was initially assigned to the 4th Maneuver Enhancement Brigade (MEB). The 4th MEB inactivated during the period of his assignment and his higher headquarters was the 89th MP Brigade, Fort Hood, TX. His Officer Record Brief (ORB) and intra-brigade reassignment orders show this transition. b. He adds the correct MSM covers the date orders assigned him to 4th MEB (i.e., 1 March 2014) and the date he relinquished command (i.e., 3 September 2015), which is shown on his ORB. 3. The applicant provides copies of his: * DA Form 638 and DA Form 4980-12 (PO # 265-03, 1 October 2015) * DA Form 638 and DA Form 4980-12 (PO # 231-04, 31 August 2015) * PCS orders * email messages * his ORB * a memorandum for record (MFR) CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant (MP Branch) on 9 May 2009. He is currently serving on active duty in the rank of captain/pay grade O-3. 2. Two DA Forms 67-10-1 (Company Grade Plate Officer Evaluation Reports (OERs)), show the applicant served as the Company Commander, 988th MP Company, 92nd MP Battalion, Fort Leonard Wood (FLW), MO. a. The OER for the period 7 June 2013 through 27 April 2015 shows it was an Extended Annual report for 12 rated months. It also shows the company and battalion were subordinate to the 4th MEB. b. The OER for the period 28 April 2015 through 3 September 2015 shows it was a Change of Rater report for 4 rated months. It also shows the company and battalion were subordinate to the 89th MP Brigade. 3. A review of the applicant's OMPF (Service – Administrative and Personnel Records Review – Awards and Decorations) folders show under the title "Recommendation for Award" copies of two DA Forms 638 that show he was awarded the MSM for meritorious service as Commander, 988th MP Company, from – * 1 March 2014 to 3 September 2015: the Deputy Commanding General (DCG), Major General (MG) John U____, approved the award and it was announced in Headquarters (HQ), III Corps and Fort Hood, Fort Hood, TX, PO # 231-04, dated 31 August 2015 * 4 March 2014 to 19 January 2016: the DCG, MG John U____, approved the award and it was announced in HQ, III Corps and Fort Hood, Fort Hood, TX, PO # 265-03, dated 1 October 2015 a. A review of the two DA Forms 638 shows they are identical with respect to the justification and citation data, the recommending official, and the approving authority. b. This review also revealed the two DA Forms 638 show the following differences: period of award, signature dates, and orders data. 4. A review of the applicant's OMPF (Performance – Commendatory and Personnel Records Review – Awards and Decorations) folders show under the title "Documents/Certificates that Award Badges, Awards, Service Medals, Tabs or Non-Army Awards (No Orders Published)" copies of two DA Forms 4980-12 that show: a. the applicant was awarded the MSM for meritorious service while serving as Commander, 988th MP Company, from – * 1 March 2014 to 3 September 2015: MG John U____, DCG, signed the certificate on 19 August 2015 and the award was announced in HQ, III Corps and Fort Hood, Fort Hood, TX, PO # 231-04 * 4 March 2014 to 19 January 2016: MG John U____, DCG, signed the certificate on 22 September 2015 and the award was announced in HQ, III Corps and Fort Hood, Fort Hood, TX, PO # 265-03 b. A review of the two DA Forms 4980-12 shows they are identical with respect to the citation data, with the exception that the 92nd MP Battalion is included in the citation signed on 19 August 2015. 5. In support of his request the applicant provides the following additional documents. a. U.S. Army Maneuver Support Center of Excellence, FLW, MO, Orders 031-551, dated 31 January 2014, that assigned him to Headquarters and Headquarters Company, 4th MEB, FLW, MO, on 1 March 2014. b. Email messages, subject: iPERMS Problem Case 16980676, dated 8–9 March 2017, that shows an official of the iPERMS Support Team, U.S. Army Human Resources Command, advised an official of the U.S. Army Pacific Command that the DA Forms 638 in the applicant's OMPF cannot be considered duplicate because they have two different PO numbers and effective dates. She added the only documents they are authorized to remove are exact duplicates, those that have been misfiled, unauthorized documents, and those documents the Army Review Boards Agency directs be removed from the OMPF. c. His ORB, dated 9 March 2017, in pertinent part, shows in Section IX (Assignment Information [Format: Effective Date, Duty Title, Organization]): * 4 March 2014, Law-Order Operations Officer, Headquarters and Headquarters Detachment (HHD), 92nd MP Battalion, FLW, MO * 22 May 2014, Commander, 988th MP Company (Combat Support), FLW, MO * 3 September 2015, Assistant S3, HHD, 92nd MP Battalion, FLW, MO d. 4th MEB, FLW, MO, MFR, dated 4 March 2014, subject: Intra-Brigade Reassignment, that shows the applicant was further assigned to 92nd MP Battalion, 4th MEB, FLW, MO, effective 4 March 2014. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. Chapter 1 (Introduction), paragraph 1-19 (Duplication of awards), shows that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. 2. Army Regulation 600-8-104 (Army Military Human Resource Record (AMHRR) Management) provides policies, operating tasks, and steps governing the OMPF. a. Table B-1 (Authorized Documents) provides guidance for filing records and documents in the OMPF. It shows approved award documents will be filed in performance (commendatory) folder of the OMPF. b. Chapter 3 (AMHRR Management Program), paragraph 3-6 (Authority for filing or removing documents in the OMPF folders), shows that only documents pertaining to a Soldier's military career will be filed in the OMPF. Once properly filed in the OMPF, 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: 1. The applicant contends that a duplicate DA Form 638 and DA Form 4980-12 issued under PO # 265-03 on 1 October 2015 should be removed from his OMPF and the correct DA Form 638 and DA Form 4980-14 issued under PO # 231-04 on 31 August 2015 should remain filed in his OMPF. 2. The evidence of record shows: a. The DA Form 638 and DA Form 4980-12, issued under PO # 231-04 on 31 August 2015 and filed in the applicant's OMPF, appears to be the correct award for meritorious service pertaining to the applicant's assignment as the Commander, 988th MP Company. The period of the award (1 March 2014 to 3 September 2015) corresponds to the period of his assignment to the unit. b. The DA Form 638 and DA Form 4980-14, issued under PO # 265-03 on 1 October 2015 and filed in the applicant's OMPF, is a duplicate award for meritorious service pertaining to his assignment as the Commander, 988th MP Company. The period of the award (4 March 2015 to 19 January 2016) extends more than four (4) months beyond the time he served as company commander and the period of his assignment to the unit. c. The DA Form 638 and DA Form 4980-12, issued under PO # 265-03 on 1 October 2015, constitute an unauthorized duplication of an award of the MSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003667 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2