IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20160000708 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 correction of two DA Forms 638 (Recommendations for Award) that are filed in his Army Military Human Resource Record (AMHRR). 2. The applicant states the two DA Forms 4980-14 (Army Commendation Medal Certificates) that are filed in the Performance folder, Commendation subfolder of his Official Military Personnel File (OMPF) show he was awarded the Army Commendation Medal (ARCOM) for the period 12 January 2001 to 1 August 2003 and also for the period 1 April 2001 to 29 March 2010. The Personnel Records Review folder, Awards and Decorations subfolder of his AMHRR also shows the two awards certificates. However, the Recommendation for Award subfolder shows three DA Forms 638 that related to the two awards. There is a DA Form 638 for the period 12 January 2001 to 1 August 2003, which is correct. However, there are two other DA Forms 638 that relate to the two different periods, but pages 1 and 2 of the two documents have been mixed up. 3. The applicant provides copies of two DA Forms 4980-14 that are filed in his OMPF/AMHRR and three DA Forms 638 associated with the award certificates. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 18 October 2000. He is currently serving on active duty in the rank of master sergeant/pay grade E-8. 2. A review of the Performance folder, Commendatory subfolder of the applicant's OMPF shows in the Documents/Certificates that Award Badges, Awards, Service Medals, Tabs or Non-Army Awards (No Orders) section, in pertinent part, the following: * Title: Award Document (DA Form 4980-14), effective 17July 2003; the document shows award of the ARCOM for the period 12 January 2001 to 1 August 2003, issued on 17 July 2003, per Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 198-5 (dated 17 July 2003) * Title: Award Document (DA Form 4980-14), effective 29 March 2010; the document shows award of the ARCOM for the period 1 April 2001 to 29 March 2010, per Headquarters, 3rd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 288-010, dated 15 October 2009 3. A review of the Personnel Records Review folder, Awards and Decorations subfolder of the applicant's AMHRR shows in the: * Documents/Certificates that Award Badges, Awards, Service Medals, Tabs or Non-Army Awards (No Orders) section, in pertinent part, the following – * Title: Award Document (DA Form 4980-14), effective 17July 2003; the document shows award of the ARCOM for the period 12 January 2001 to 1 August 2003, issued on 17 July 2003, per Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 198-5 (dated 17 July 2003) * Title: Award Document (DA Form 4980-14), effective 29 March 2010; the document shows award of the ARCOM for the period 1 April 2001 to 29 March 2010, per Headquarters, 3rd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 288-010, dated 15 October 2009 * Recommendation for Award section, in pertinent part, the following – * Title: DA Form 638/Award Recommendation, effective 17July 2003; the document shows on – * Page 1 – Date: 11 April 2003, Recommendation for Award of the ARCOM (2nd Oak Leaf Cluster) for the period 12 January 2001 to 1 August 2003 * Page 2 – Date: 17 July 2003, ARCOM approved on 17 July 2003, Orders: Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 198-5, dated 17 July 2003 * Title: DA Form 638/Award Recommendation, effective 17 December 2003; the document shows on – * Page 1 – Date: 5 September 2009, Recommendation for Award of the Meritorious Service Medal (MSM) for the period 1 April 2001 to 29 March 2010 * Page 2 – Date: 17 July 2003, ARCOM approved on 17 July 2003, Orders: Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 198-5, dated 17 July 2003 * Title: DA Form 638/Award Recommendation, effective 25 March 2010; the document shows on – * Page 1 – Date: 11 April 2003, Recommendation for Award of the ARCOM (1st Oak Leaf Cluster) for the period 12 January 2001 to 1 August 2003 * Page 2 – Date: 6 September 2009, ARCOM (5th Oak Leaf Cluster) approved on 25 October 2009, Orders: Headquarters, 3rd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC, Permanent Order (no number), dated 25 October 2009 4. In support of his application the applicant provides, in pertinent part, a copy of a DA Form 638 (pertaining to the applicant) that shows on: * Page 1 – Date: 5 September 2009, Recommendation for Award of the MSM for the period 1 April 2001 to 29 March 2010 * Page 2 – Date: 6 September 2009, ARCOM (5th Oak Leaf Cluster) approved on 25 October 2009, Orders: Headquarters, 3rd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 288-010, dated 25 October 2009 5. 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 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 OMPF can be found at the iPERMS website. 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, in effect, that two misfiled DA Forms 638 that are filed the Personnel Records Review folder, Awards and Decorations subfolder of his AMHRR should be removed and the correct DA Form 638 filed in their place. 2. The evidence of record shows the two DA Forms 638, with effective dates of 17 December 2003 and 25 October 2009, that are filed in the applicant's AMHRR contain two pages that relate to two different award periods. Thus, it appears an administrative error was made when the documents were scanned and filed in the applicant's AMHRR. 3. In view of the foregoing, it would be appropriate to correct the applicant's AMHRR, as recommended below. 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 that all Department of the Army records of the individual concerned be corrected by: a. removing from the Personnel Records Review folder, Awards and Decorations subfolder, Recommendation for Award section the following document titles and linked documents: * DA Form 638/Award Recommendation, effective 17 December 2003 (2 pages) * DA Form 638/Award Recommendation, effective 25 October 2009 (2 pages) b. adding to the Personnel Records Review folder, Awards and Decorations subfolder, Recommendation for Award section the following document title and linked document: * DA Form 638/Award Recommendation, effective 25 October 2009 (2 pages), as follows: * Page 1 – Date: 5 September 2009, Recommendation for award of the Meritorious Service Medal for the period 1 April 2001 to 29 March 2010 * Page 2 – Date: 6 September 2009, ARCOM (5th Oak Leaf Cluster) approved on 25 October 2009, Orders: Headquarters, 3rd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 288-010, dated 25 October 2009 2. To ensure this decision results in no unintended harm to the individual concerned, other than the DA Form 638 (Recommendation for Award) identified in paragraph 1b, above, this Record of Proceedings and all other documents related to this appeal will be returned to this Board for permanent filing. The Record of Proceedings and the associated documents will not be filed in the individual's OMPF or any other folder/section of his AMHRR. _______ _ __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) AR20160000708 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20160000708 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1