IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20100007015 


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 erroneous Army Good Conduct Medal (AGCM) orders be removed from his official military personnel file (OMPF).

2.  The applicant states the period or dates on the erroneous AGCM orders are incorrect and do not correlate with his dates of service.  He further indicates correct AGCM orders were later added to his OMPF in the integrated Personnel Electronic Records Management System.

3.  The applicant provides Headquarters, 1st Battalion, 13th Infantry Regiment, Fort Jackson, South Carolina, Permanent Orders 028-010, dated 8 May 2009, and U.S. Army Drill Sergeant School, Fort Jackson, South Carolina, Permanent Orders 236-03, dated 24 August 2009, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 28 January 2003 and currently is still serving on active duty in the rank of staff sergeant at Fort Jackson, South Carolina.

2.  The applicant's OMPF contains the following AGCM award-related orders:

	a.  Headquarters, 1st Battalion, 13th Infantry Regiment, Fort Jackson, South Carolina, Permanent Orders 028-010, dated 8 May 2009, award of AGCM (2nd Award) for the period 21 March 2006 to 20 March 2009;

	b.  U.S. Army Drill Sergeant School Permanent Orders 236-03, dated 24 August 2009, revocation of Headquarters, 1st Battalion, 13th Infantry Regiment, Fort Jackson, South Carolina, Permanent Orders 028-010, dated 8 May 2009;

	c.  U.S. Army Drill Sergeant School Permanent Orders 236-01, dated 24 August 2009, award of AGCM (1st Award) for the period 28 January 2003 to 27 January 2006; and

	d.  U.S. Army Drill Sergeant School Permanent Orders 236-02, dated 24 August 2009, award of AGCM (2nd Award) for the period 28 January 2006 to 27 January 2009.

3.  Army Regulation 600-8-22 (Military Awards) states the AGCM 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.

4.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), Table 2-1 (Composition of the OMPF), provides 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 (ABCMR).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Headquarters, 1st Battalion, 13th Infantry Regiment, Fort Jackson, South Carolina, Permanent Orders 028-010, dated 8 May 2009, are erroneous and should be removed from his OMPF was carefully considered and found to have merit.

2.  The Army has an interest in maintaining the accuracy of its records.  It is also important that these records be as concise as possible to help preclude misinterpretation by individuals or boards during their review of these records.  

3.  The erroneous AGCM orders were replaced by corrected orders.  Retaining the erroneous AGCM orders in the applicant's OMPF serves no purpose.  Therefore, it would be appropriate to remove the erroneous AGCM orders and their revocation.


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 removing Permanent Orders 028-010, dated 8 May 2009, and Permanent Orders 236-03, dated 24 August 2009, from the applicant's 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)                                         AR20100007015



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ABCMR Record of Proceedings (cont)                                         AR20100007015



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