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ARMY | BCMR | CY2002 | 2002070553C070402
Original file (2002070553C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 23 JANUARY 2003
         DOCKET NUMBER: AR2002070553


         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Ms. Kathleen A. Newman Chairperson
Ms. Gail J. Wire Member
Mr. Patrick H. McGann, Jr. 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 his records be corrected by removing numerous orders in his records concerning his first award of the Good Conduct Medal (GCM).

3. The applicant states that there are too many errors in his records concerning his award of the GCM.

4. The applicant’s military records show that he was awarded the GCM on Orders 049-00027, dated 18 February 1993, for the period of 1 August 1989 to 31 July 1989, however the ending date of the period for the award should have read 31 July 1992, and not 31 July 1989. This error was corrected on Orders
05-00067, dated 19 February 1993, which amended the original 18 February 1993 order to read “Date(s) or Period of Service: 1 Aug 89 thru 31 Jul 92.”

5. Orders 055-00042, dated 24 February 1993, amended Orders 049-00027, dated 18 February 1993, to show the period of service for the award as 1 Aug 89 thru 31 Aug 92. The ending date for the period of the award was incorrect on these orders and that order was revoked by Orders 089-00102, dated 30 March 1993.

6. Orders 089-00103, dated 30 March 1993, awarded the applicant the GCM for the period 1 Aug 89 thru 31 Jul 92, which were the correct dates, however, this order was later revoked on 30 June 1993, by Orders 181-00115.

CONCLUSIONS:

1. Evidence shows that there were numerous orders published, revoked and amended in an attempt to correct the ending date of the period covered for the applicant’s first award of the GCM. However, many of these attempts only compounded the problem by making additional errors.

2. The array of GCM orders, revocations and amendments in the applicant’s records is confusing and could cause an injustice to the applicant when trying to determine the status of this award. Therefore, in the interest of justice, the following orders should be removed from his records: Orders 055-00042, dated
24 February 1993, Orders 089-00102, dated 30 March 1993, Orders 089-00103, dated 30 March 1993, and Orders 181-00115, dated 30 June 1993.

3. The original Orders 049-00027, dated 18 February 1993, and the subsequent amendment of those orders, by Orders 05-00067 dated 19 February 1993, should remain in the applicant’s records, and corrects the typographical error made of the original orders and shows the correct ending date of the period covered by the award of 31 Jul 92.


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

RECOMMENDATION
:

That all of the Department of the Army records related to this case be corrected by removing the following orders from the applicant’s records: Orders 055-00042, dated 24 February 1993, Orders 089-00102, dated 30 March 1993, Orders 089-00103, dated 30 March 1993, and Orders 181-00115, dated 30 June 1993.

BOARD VOTE:

__KAN_ _ ___GJW_ __PHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Kathleen A. Newman___
                  CHAIRPERSON




INDEX

CASE ID AR2002070553
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030123
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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