IN THE CASE OF:	  

		BOARD DATE:	  14 July 2009

		DOCKET NUMBER:  AR20090008227 


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 that Permanent Orders Number 268-00023 dated     25 September 1998 be removed from his Official Military Personnel File (OMPF). 

2.  The applicant states that his OMPF contains an invalid order awarding him the fifth award of the Good Conduct Medal (GCMDL) for the period of September 1995 to September 1998.  He goes on to state that he enlisted in September 1989 and therefore was not eligible to receive the fifth award of the GCMDL in 1998 because he was only eligible for the third award, which is properly represented in his OMPF in Permanent Orders Number 260-709 dated 17 September 1998.  He further states that he attempted on numerous occasions to have the error corrected and was advised to apply to this Board.

3.  The applicant provides a copy of the erroneous order, a copy of the correct order and a copy of an electronic mail message advising him to apply to the Board.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 September 1989 and has remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 1 January 2005.  He is currently serving in Southwest Asia.

2.  The applicant's first award of the GCMDL ended on 20 September 1992.  His second award of the GCMDL ended on 20 September 1995.  His third award of the GCMDL ended on 20 September 1998.  However, a second order was published on 25 September 1998 which awarded the applicant the fifth award of the GCMDL ending on 14 September 1998.  The correct order was issued by the 516th Personnel Services Battalion in Korea and the incorrect order (Permanent Orders 268-00023 dated 25 September 1998) were issued at Fort Gordon, Georgia. 

3.  Army Regulation 600-8-22 (Military Awards) 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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Permanent Orders Number 268-00023 dated 25 September 1998, which are filed in his OMPF, are erroneous and should be removed from his OMPF has been noted and found to have merit. 

2.  The contested orders not only award him the fifth award instead of the third award, but they also contain the wrong period of service.

3.  The applicant's records contain an order which properly awarded him the GCMDL (third award) for the proper period of service.

4.  Accordingly, it would be appropriate at this time to revoke Permanent Orders 268-00023 dated 25 September 1998, issued by Headquarters, United States Army Signal Center and Fort Gordon and to remove it from his OMPF.

BOARD VOTE:

___X____  ___X___  ___X____  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 revoking Permanent Orders Number 268-00023 dated 25 September 1998, issued by Headquarters, United States Army Signal Center and Fort Gordon and to removing it from his OMPF and ensuring the revocation orders are not filed in 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)                                         AR20090008227





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ABCMR Record of Proceedings (cont)                                         AR20090008227



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