PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  19 August 2003
	DOCKET NUMBER:  AR2002080184

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Margaret V. Thompson		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, removal of all erroneous orders published regarding his Good Conduct Medal (GCMDL) after 1991 from his Official Military Personnel File (OMPF).

3.  The applicant states, in effect, that numerous erroneous orders and amendments were published regarding his GCMDL.  He also requests that the erroneous orders be removed and corrected.  In support of his application, he submits a copy of his OMPF, several GCMDL orders, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from the US Marine Corps (USMC).

4.  The applicant’s military records show he enlisted on 7 February 1984 in the USMC.  He continued to serve in the USMC until he was honorably released on 23 December 1987.

5.  After a break in service, he enlisted in the US Army Reserve on 24 October 1991, and enlisted in the Regular Army on 31 March 1992.

6.  The applicant provided copies of:  Permanent Orders Number 311-00025, dated 7 November 1995; Permanent Orders Number 311-0027, dated 7 November 1995; and Permanent Orders 148-00010, dated 28 May 1998, pertaining to his award of the GCMDL.

7.  The applicant provided a copy of Permanent Orders Number 023-00161, dated 23 January 1995, which awarded the applicant the 2nd award of the GCMDL for the period 31 March 1992 through 30 March 1995.  Permanent Orders Number 301-001, published by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, dated 28 October 2002, amended Orders Number 023-00161, dated 23 January 1995, to show that he was awarded the 1st award of the GCMDL.

8.  The applicant provided copy of Permanent Orders Number 128-00009, dated 8 May 1998, which awarded the applicant the 3rd award of the GCMDL for the period 31 March 1995 through 30 March 1998.  Permanent Orders 301-003, published by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, dated 28 October 2002, amended Orders Number 128-00009, dated 8 May 1998, to show that he was awarded the 2nd award of the GCMDL.

9.  The applicant provided a copy of Permanent Orders Number 113-11, dated 23 April 2001, which awarded the applicant the 4th award of the GCMDL for the period 25 April 1997 through 24 April 2000, which is incorrect.  Permanent Orders Number 301-004, published by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, dated 28 October 2002, amended Orders Number 113-11, dated 23 April 2001, to show that he was awarded the 3rd award of the GCMDL for the period 31 March 1998 through 30 March 2001.
10.  The applicant provided a copy of Permanent Orders 346-36, dated 11 December 2000, which awarded him the 4th award of the GCMDL for the period 25 April 1997 through 24 April 2000.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.                                              

12.  Paragraph 5-2 of the regulation states that service medals and ribbons awarded by other US Services may be worn on the Army uniform except the Air Force Longevity Service Award Ribbon and Air Force and Navy Marksmanship ribbons.  Service and training ribbons awarded by other US Services will be worn after US Service and training ribbons and before foreign awards.

13.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.  

14.  Table 2 of the regulation pertains to the composition of the OMPF.  It states, in pertinent part, that GCMDL orders will be filed on the Performance (P) fiche.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the USMC on 7 February 1984 and was awarded his first award of the GCMDL.  The applicant is entitled to wear this award as a separate award from another service on his Army uniform in accordance with regulation.

2.  The Board notes that the applicant was awarded the 2nd, 3rd, and 4th award of the GCMDL that were incorrect.

3.  The evidence shows that several other orders were published erroneously and duplicated other orders which were incorrect.  Based on the large number of incorrect orders on the applicant's OMPF it would fair and just to expunge all existing orders for the Army Good Conduct Medal from his OMPF and issue a new order for the correct awards and the correct time period.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected:

a.  by issuing a new award order showing that he was awarded the first award of the Good Conduct Medal for the period 31 March 1992 to 30 March 1995, the second award of the Good Conduct Medal for the period 31 March 1995 to 30 March 1998, and the third award of the Good Conduct Medal for the period 31 March 1998 to 30 March 2001; and 

b.  by expunging all prior Army Permanent Orders pertaining to award of the Good Conduct Medal.

BOARD VOTE:  

__fe____  ___jm___  ___mt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2002080284	
SUFFIX		
RECON		
DATE BOARDED	20030819	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  267		
2.		
3.		
4.		
5.		
6.