Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002071364C070402
Original file (2002071364C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 June 2002
         DOCKET NUMBER: AR2002071364


         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. William Blakely Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Ms. Barbara J. Ellis Member
Mr. Thomas Lanyi 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, that an erroneous Army Good Conduct Medal (AGCM) order be removed from his record.

3. The applicant states, in effect, that Permanent Orders (PO) Number (#)
42-40, dated 11 March 1993, issued by the 5th Personnel Service Company,
Fort Polk, Louisiana, be removed for his official military personnel file (OMPF). He claims that this order was erroneously published and that his total active service does not entitle him to award of the 6th award of the AGCM. Also, the rank listed on the permanent order is incorrect. In support of his application, he submits copies of the correct permanent orders that awarded him the AGCM through the 5th Award, a copy of the erroneous AGCM order, and a copy of his Personnel Qualification Record (DA Form 2-1).

4. The applicant’s military records show that on 1 July 1986, he enlisted in the Army for 3 years and he has continuously served on active duty since that date. He is currently serving in the rank of staff sergeant/E-6 (SSG/E-6) and is assigned to Fort Bliss, Texas.

5. The applicant’s Official Military Personnel File (OMPF) shows that he was awarded five awards of the AGCM for the following periods of service: 1 July 1986 to 30 June 1989; 1 July 1989 to 30 June 1992; 1 July 1992 to 30 June 1995; 1 July 1995 to 30 June 1998: and 1 July 1998 to 30 June 2001. PO #
42-40, dated 11 March 1993, issued by 5th Personnel Service Company, Fort Polk, Louisiana, is also on file in the OMPF. This order awarded the applicant the AGCM (6th Award) for the period of service from 11 April 1988 to 10 April 1992. However, this order incorrectly lists the applicant’s rank as master sergeant/E-8.

6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Chapter 4 prescribes the policy for award of the AGCM and it states that this award is for awarded for a period of exemplary behavior, efficiency, and fidelity in active Federal military service for each 3 year qualifying period.


CONCLUSIONS:

1. The Board notes the applicant’s contention that PO # 42-40, dated 11 March 1993, issued by 5th Personnel Service Company, Fort Polk, Louisiana, that awarded him the AGCM (6th Award) is erroneous and should be removed from his OMPF, and it finds this claim has merit.


2. The evidence of records confirms that the applicant has continuously served on active duty from 1 July 1986 through the present. It also verifies that commensurate with his total active service, he has been appropriately awarded five awards of the AGCM and that authorizing orders for these awards are on file in his OMPF.

3. The Board notes that the PO # 42-40 contains an incorrect rank for the applicant in the standard name line, an incorrect period for the award, and the fact that it authorizes the applicant the 6th Award of the AGCM, to which he is not entitled based on his years in service. Therefore, the Board concludes that PO # 42-40 was obviously published as a result of an administrative error and that it should be removed from his OMPF at this time.

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 be corrected by removing Permanent Orders Number 42-40, dated 11 March 1993, issued by 5th Personnel Service Company, Fort Polk, Louisiana, that awarded the applicant the AGCM (6th Award), for the period of service from 11 April 1988 to
10 April 1992, from the OMPF of the individual concerned.

BOARD VOTE:

__JLP___ ___BJE__ __TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater___
                  CHAIRPERSON




INDEX

CASE ID AR2002071364
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/05/21
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. 134.0000
2.
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2015 | 20150000030

    Original file (20150000030.txt) Auto-classification: Approved

    His OMPF contains the following orders that awarded him the AGCM, listed chronologically by order date: * Headquarters, NTC and Fort Irwin Permanent Orders 90-46, dated 26 August 1993 (AGCM 1st Award, for the period 11 July 1990 to 10 July 1993) * Headquarters, NTC and Fort Irwin Permanent Orders 31-60, dated 4 April 1994 (AGCM 1st Award, for the period 11 July 1990 to 10 July 1993) * Detachment A, 90th Personnel Service Battalion (PSB) Permanent Orders 131-12, dated 4 November 1996 (AGCM...

  • ARMY | BCMR | CY2010 | 20100018197

    Original file (20100018197.txt) Auto-classification: Approved

    The applicant requests that his Official Military Personnel File (OMPF) be corrected by: a. removing the following six permanent orders awarding him the Army Good Conduct Medal (AGCM): B069-26 for 2d award, B178-51 for 3d award, B178-52 for 4th award, 339-009 for 4th award, 147-39 for 5th award, 320-01 for 6th award; and b. replacing them with the following six orders correcting or showing the correct dates of the award of the AGCM: 167-06 for the 2d award, B178-52 for the 3d award,...

  • ARMY | BCMR | CY2011 | 20110019172

    Original file (20110019172.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 1 December 2011 DOCKET NUMBER: AR20110019172 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his Official Military Personnel File (OMPF) and My Board File (MBF) be corrected by: a. removing the erroneous Alpha Detachment, 90th Personnel Services Battalion Permanent Order (PO) 020-002 awarding him the 5th award of the Army Good Conduct Medal; and b. removing the duplicate Army Good Conduct Medal (8th award), dated 4 December 2010, for the...

  • ARMY | BCMR | CY2001 | 2001055167C070420

    Original file (2001055167C070420.rtf) Auto-classification: Approved

    The applicant requests that his Official Military Personnel File (OMPF) be corrected by correcting the discrepancies in his Army Good Conduct Medal (AGCM) orders. In accordance with the advisory opinion, it would be appropriate to remove PO 118-43 dated 6 September 1994 and the copy of PO 202-157 dated 21 July 2000 which awarded him the AGCM 4 th award for the period 6 May 1997 – 5 May 2000 from his OMPF. That all of the Department of the Army records related to this case be corrected by...

  • ARMY | BCMR | CY2008 | 20080014653

    Original file (20080014653.txt) Auto-classification: Approved

    This DD Form 214 shows that he was awarded the AGCM (1st Award) during this period of service. However, there is no evidence in his official records showing he was awarded the AGCM (6th Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the AGCM (6th Award) for the period 6 June 1989 – 5 June 1992 and correcting the record to show this award; b. deleting the "AAM (4th Award)" and adding the "AAM (5th...

  • ARMY | BCMR | CY2005 | 20050012669C070206

    Original file (20050012669C070206.doc) Auto-classification: Approved

    The applicant provides the following documents in support of request: Enlisted Records and Evaluation Center (EREC) Memorandum, dated 26 August 2005, and eight AGCM award orders, seven orders revoking AGCM award orders and 1 order amending AGCM award orders. In this case, the evidence of record confirms the applicant was erroneously awarded his first AGCM for the period 4 December 1984 to 3 December 1986 even though he did not leave active duty. In this case, the EREC, as the records...

  • ARMY | BCMR | CY2014 | 20140020923

    Original file (20140020923.txt) Auto-classification: Approved

    The applicant requests retroactive award of the Army Good Conduct Medal (AGCM) and the Korea Defense Service Medal (KDSM), and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded or authorized the Army Achievement Medal (on two occasions), the AGCM, and the KDSM. The applicant provides: * DD Form 214 * Permanent Orders 340-70, issued by Headquarters, 2nd Infantry Division on 6 December 1985 * Permanent Orders 124-44, issued by the 5th...

  • ARMY | BCMR | CY2003 | 2003083763C070212

    Original file (2003083763C070212.rtf) Auto-classification: Denied

    However, at Fort Polk, the GCM Convening Authority (GCMCA) dismissed all charges and the applicant was offered the choice of continuing his active duty career or being separated with an Honorable Discharge. He was convicted and transferred from Fort Polk to Fort Sill for service of his sentence to confinement. At Fort Polk, the GCMCA elected not to retry the applicant and offered him the option of continuation on active duty or separation.

  • ARMY | BCMR | CY2005 | 20050012130C070206

    Original file (20050012130C070206.doc) Auto-classification: Approved

    Evidence of record shows Permanent Orders Number 087-610, A Detachment, 509th Personnel Service Battalion, dated 28 March 1997. Evidence of record shows he received the AGCM (3rd Award) for the period 13 May 1994 through 12 May 1997 and the AGCM (4th Award) for the period 12 May 1997 through 11 May 2000. As a result, the Board recommends that Department Permanent Order 318-03, Installation Troop Command Military Personnel Department, U.S. Army Garrison-Hawaii of the individual concerned be...

  • ARMY | BCMR | CY2012 | 20120022603

    Original file (20120022603.txt) Auto-classification: Approved

    The applicant requests award of the Army Good Conduct Medal (6th Award) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Army Good Conduct Medal (6th Award) and the Korea Defense Service Medal. His record reflects five awards of the Army Good Conduct Medal, the last of which was for the period 1 November 1986 to 31 October 1989. As a result, the Board recommends that all Department of the Army records of the individual concerned be...