IN THE CASE OF:	  

		BOARD DATE:	    19 January 2012

		DOCKET NUMBER:  AR20110023173 


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 DA Form 4980-5 (Bronze Star Medal Certificate) for Permanent Orders 323-007, dated 18 November 2004, awarding him the Bronze Star Medal from his official military personnel file (OMPF).

2.  The applicant states that during a recent records review he noticed the award in question and believes it is a duplicate that was erroneously processed after he left theater.

3.  The applicant provides two Bronze Star Medal Certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank/grade of major/
O-4.

2.  Permanent Orders 071-023, dated 11 March 2004, awarded the applicant the Bronze Star Medal for the period 6 January 2004 through 1 May 2004.  These orders are filed in his OMPF with his social security number written on the document.

3.  Permanent Orders 323-007, dated 18 November 2004, awarded the applicant the Bronze Star Medal for the same period, 6 January 2004 through 1 May 2004.  These orders are also filed in his OMPF; however, with a different social security number written on the document.

4.  The citation for both Bronze Star Medals is identical.

5.  Army Regulation 600-8-22 (Military Awards) provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

6.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), provides in table 2-1 (Composition of the OMPF) that award orders are filed in the commendatory and disciplinary portion of the OMPF.  This regulation also provides that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the Army Board for Correction of Military Records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to remove the DA Form 4980-5 for Permanent Orders 323-007, dated 18 November 2004, which awarded him the Bronze Star Medal from his OMPF has been carefully considered and found to have merit.

2.  The evidence of record clearly shows that contrary to regulatory guidance, the applicant received award of the Bronze Star Medal and later received award of the Bronze Star Medal for the same act, achievement, and period of meritorious service.  Therefore, he is entitled to the requested relief.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 


removing the DA Form 4980-5 for Permanent Orders 323-007, dated 18 November 2004, which awarded him the Bronze Star Medal 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)                                         AR20110023173



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ABCMR Record of Proceedings (cont)                                         AR20110023173



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