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Decision Text

ARMY | BCMR | CY2001 | 2001059190C070421
Original file (2001059190C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001059190


         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. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Ms. Shirley L. Powell Chairperson
Mr. Stanley Kelley Member
Mr. Elzey J. Arledge 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 that the permanent order erroneously authorizing the second award of the Good Conduct Medal be expunged from his Official Military Personnel File (OMPF).

3. The applicant states that, although the error has been corrected, the faulty permanent order is still in his record.

4. The applicant’s military records show that he was awarded the Good Conduct Medal for the period 3 June 1985 to 2 June 1988 on 18 May 1998. He was awarded the second award for the period 3 June 1998 to 2 June 1991 on 19 January 1993. The applicant was erroneously awarded another second award for the period 2 June 1991 to 1 June 1994 on 2 June 1994 by Permanent Orders 29-10, 257th Personnel Service Company. He was correctly awarded the third award for the period 3 June 1991 to 2 June 1994 on 14 July 1994 and then the fourth award for the period 3 June 1994 to 2 June 1997 on 13 June 1997. He was separated from active duty on 12 June 1997 and currently serves in an active duty status in the Army Guard/Reserve (AGR) Program.

5. 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.

CONCLUSIONS:

1. Permanent Orders 29-10, 257th Personnel Service Company, dated 2 June 1994 is clearly in error. The error has been corrected by the issuing of a subsequent permanent order. However, the faulty order should be expunged from the applicant’s OMPF.

2. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by expunging Permanent Orders 29-10, 257th Personnel Service Company, dated 2 June 1994 from the OMPF of the individual concerned.

BOARD VOTE
:

__SLP___ ___SK__ __EJA___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Shirley L. Powell___
                  CHAIRPERSON




INDEX

CASE ID AR2001059190
SUFFIX
RECON
DATE BOARDED 20020319
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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