RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040010514


      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. Prevolia A. Harper            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests removal of duplicate awards of the Army Good
Conduct Medal (AGCM).

2.  The applicant states, in effect, that the following orders pertaining
to the AGCM be removed from his records:  Orders Number 152-3; Orders
Number 303-00001 (revoking 152-3); Orders 243-00007 (revoking 150-3-which
does not exist); Orders Number 313-00001 (revoking 243-00007); Orders
Number 69-009; and Orders Number 243-00008 (revoking 69-009).  The
applicant further states that Orders Number 152-3 and Orders Number 69-009
should not have been issued.

3.  The applicant provides:

      a.  Permanent Orders Number 152-3, 82nd Solider Support Battalion
(Airborne), Fort Bragg, North Carolina.


      b.  Permanent Order Number 303-00001, United States Army Intelligence
Center and Fort Huachuca.


      c.  Permanent Order Number 243-00007, United States Army Intelligence
Center and Fort Huachuca.


      d.  Permanent Order 313-00001, United States Army Intelligence Center
and Fort Huachuca.


      e.  Orders Number 69-009, 22nd Personnel Services Battalion, Fort
Lewis, Washington.


      f.  Permanent Order Number 243-00008, United States Army Intelligence
Center and Fort Huachuca.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 24 May 1996 for a period of 3
years.  He was honorably separated from active service on 22 June 1999.  He
reenlisted in the Army 19 May 2000 and has served continuously on active
duty.

2.  The applicant’s Official Military Personnel File (OMPF) contains
numerous awards including several awards for the AGCM.

3.  Permanent Orders 152-3, 82nd Soldier Support Battalion (Airborne),
Fort Bragg, North Carolina, dated 1 June 1999 show the applicant was
awarded the AGCM (1st Award) for the period 24 May 1996 to 23 May 1999.

4.  Permanent Orders Number 200-00004, Headquarters, 101st Airborne
Division (Air Assault) and Fort Campbell, dated 18 July 2000 shows the
applicant was awarded the AGCM for the period 24 May 1996 through 23 May
1999.  This is a duplicate award covering the same period as Permanent
Orders 152-3.

5.  Orders Number 69-009, 22nd Personnel Services Battalion, Fort Lewis,
Washington, dated 10 March 2003 shows the applicant was awarded AGCM (2nd
Award) for the period 20 April 2000 to 19 April 2003.

6.  Permanent Order Number 132-00026, United States Army Intelligence
Center and Fort Huachuca, dated 12 May 2003 shows the applicant was awarded
the AGCM (2nd Award) for the period 19 May 2000 to 20 May 2003.  This award
is a duplicate and overlaps the period of service for the previous award of
the AGCM (2nd Award).

7.  The applicant provided a copy of Permanent Order 243-00007 (these
order are not in the available records), dated 30 August 2004 which
revoked Permanent Order 150-3 which refers to an incorrect permanent order
number and should have read Permanent Order 152-3.

8.  Permanent Order 243-00008, United States Army Intelligence Center and
Fort Huachuca, dated 30 August 2004, revoked Order Number 69-009, dated 10
March 2003, pertaining to the AGCM (2nd Award).

9.  Permanent Order Number 313-00001, United States Army Intelligence
Center and Fort Huachuca, dated 8 November 2004 revoked Order Number 150-3
which does not exist (however it appears the incorrect order number was
typed and may have been intended to read 152-3).

10.  Permanent Order Number 303-00001, United States Army Intelligence
Center and Fort Huachuca, date 29 October 2004, revoked Permanent Order
Number 152-3, dated 1 June 1999 awarding the applicant the AGCM (1st
Award).





11.  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.  The regulation states that after 27 June 1950 to the present
time, the current standard for award of the Good Conduct Medal is 3 years
of qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders Number 152-3, dated 1 June 1999 shows applicant was
awarded the AGCM (1st Award) for the period 25 May 1996 to 23 May 1999.
However, Permanent Order 303-00001, dated 29 October 2004, essentially
revoked this award.

2.  Permanent Order 200-00004, Headquarters, 101st Airborne Division (Air
Assault) and Fort Campbell, dated 18 July 2000 awarded the AGCM for the
Period 24 May 1996 to 23 May 1999.  It appears the applicant’s unit was not
aware of his previous award of the AGCM (1st Award) at the time it was
issued.  However, his unit later rescinded Permanent Orders Number 152-3
and Permanent Order 200-00004 became the applicant’s first award of the
AGCM.

3.  Orders Number 69-009, dated 10 March 2003 awarded the applicant AGCM
(2nd Award) for the period 20 April 2000 to 19 April 2003.  However,
documents in the applicant’s record shows his reenlistment date was
effective 19 May 2000 and not 20 April 2000.  Permanent Orders Number 243-
00008 revoked these orders because the service dates was incorrect.
Therefore, the applicant is entitled to have these documents removed from
his records.

4.  Permanent Orders 132-00026, dated 12 May 2003 awarded the applicant the
AGCM (2nd Award) for the period 19 May 2000 to 20 May 2003.  Therefore,
these orders are correct.

5.  Permanent Orders Number 313-00001, dated 8 November 2004, essentially
revoked Order Number 243-00007, dated 30 August 2004 because it contained a
reference to the incorrect order number.




6.  Although the applicant’s command made mistakes with regard to his
awards of the AGCM, efforts were made to correct these errors.  While it is
understandable that the applicant feels these documents should be removed
because of the many revisions and revocations, and although understandably
confusing, it provides a chronological history of the actions that have
taken place with regard to these awards.  Therefore, there is no basis for
removing Orders Number 152-3, dated 1 June 1999.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__REB__  ___LF___  __LMD_ _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by removing Orders Number 69-009, dated 10 March
2003 and Permanent Orders Number 243-00008, dated 30 August 2004.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
removal of the Orders 152-3, Permanent Order 303-00001, Permanent Order 243-
00007, dated 30 August 2004, and Permanent Order 313-00001, dated 29
October 2004






                                     ___Ronald E. Blakely___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010514                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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