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ARMY | BCMR | CY2002 | 2002082637C070215
Original file (2002082637C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 09 SEPTEMBER 2003
         DOCKET NUMBER: AR2002082637


         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. Shirley L. Powell Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas Pagan 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 documents from his Official Military Personnel File (OMPF).

3. The applicant states that there is an erroneous order on his OMPF for the Good Conduct Medal (GCM), as well as duplicates of the revocation orders for that award. He requests that the erroneous orders for the Good Conduct Medal as well as the associated duplicate revocation orders be removed from his records.

4. The applicant’s military records show that he received the second award of the Good Conduct Medal on 18 November 1993, for the period 20 November 1990 to 1 November 1993, and the third award on 20 December 1996, for the period 2 November 1993 to 1 November 1996.

5. Order 344-0040, dated 10 December 1999, awarded the applicant the fourth award of the GCM for the period 1 November 1996 to 30 October 1999.

6. Orders 236-031, dated 23 August 2000, awarded the applicant the fourth award of the GCM for the period 2 November 1996 to 1 November 1999.

7. Orders 344-0040, dated 10 December 1999, were revoked by Orders 082-020, dated 23 March 2001. These revocation orders are duplicated on the applicant’s performance fiche.

8. The applicant entered active duty on 2 November 1987 and was entitled to award of the Good Conduct Medal on 1 November 1990, 1 November 1993, I November 1996, and 1 November 1999.

CONCLUSIONS:

1. The applicant’s OMPF contains an erroneous order for the fourth award of the GCM and duplicate copies of the orders that revoked the award.

2. In the interest of justice and equity, and to avoid possible confusion in the future, the erroneous orders for the fourth award of the Good Conduct Medal (Orders 344-0040, dated 10 December 1999) should be removed from the applicant’s OMPF, as well as the duplicates of the revocation order (Orders 082-020, dated 23 March 2001).

3. 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 from the applicant’s OMFP Orders 344-0040, dated 10 December 1999, and duplicates of Orders 082-0202, dated 23 March 2001.

BOARD VOTE:

__SLP __ __WTM__ __TAP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Shirley L. Powell ____
                  CHAIRPERSON




INDEX

CASE ID AR2002082637
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030909
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. 134.00
2.
3.
4.
5.
6.


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