ABCMR Record of Proceedings (cont) AR20050018064

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).

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ABCMR Record of Proceedings (cont) AR20050018064

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 hisOMPF 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 20September 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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