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ARMY | BCMR | CY2005 | 20050008277C070206
Original file (20050008277C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 January 2006
      DOCKET NUMBER:  AR20050008277


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. Rea M. Nuppenau               |     |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) from his Official Military Personnel File (OMPF).

2.  The applicant states that his OMPF has 5 different orders for his AGCM
(4th Award) and he requests that 4 of the awards be removed from his OMPF.
The applicant continues that he has another Soldier’s recruiting award on
his OMPF that should be removed.

3.  The applicant also states that these documents should be removed
because they will not look favorable to board members reviewing his record
for promotion.

4.  The applicant provides:

      a.  A copy of a certificate of achievement pertaining to another
Soldier.

      b.  Permanent Order 117-309, Department of the Army, Charlie
Detachment, 15th Personnel Services Battalion, Fort Hood, Texas, dated 26
April 2000.

      c.  Permanent Order Number 117-339, Department of the Army, Charlie
Detachment 15th Personnel Services Battalion, Fort Hood, Texas, dated 26
April 2000.

      d.  Permanent Order Number 123-311, Department of the Army, Charlie
Detachment 15th Personnel Services Battalion, Fort Hood, Texas, dated 26
April 2000.

      e.  Permanent Order Number 136-308, Department of the Army, Charlie
Detachment 15th Personnel Services Battalion, Fort Hood, Texas, dated 15
May 2000.

      f.  Permanent Order Number 057-00039, Department of the Army,
Headquarters, U.S. Army Armor Center and Fort Knox, dated 26 February 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 January 1988.  He has
served continuously on active duty and is currently serving on assignment
in Germany in the rank of sergeant first class.

2.  The applicant stated that another Soldier’s award certificate was
placed in his OMPF.  However, a review of his OMPF failed to show that this
individual’s certificate was placed in the applicant’s files.  Accordingly,
there will be no action taken on this issue at this time and it will not be
further addressed in these proceedings.

3.  The applicant’s OMPF contains permanent orders for the AGCM (1st
through 3rd Award) based on his service during the following periods: 29
January 1988 to 28 January 1991, 29 January 1991 to 28 January 1994, and 29
January 1994 to 28 January 1997.

4.  The applicant’s OMPF also contains Permanent Order Number 17-309,
Department of the Army, Charlie Detachment, 15th Personnel Services
Battalion, Fort Hood, Texas, dated 26 April 2000.  These orders awarded the
applicant the AGCM (4th Award) for the period 29 January 1997 to 28 January
2000.

5.  Permanent Order Number 117-339, Department of the Army, Charlie
Detachment, 15th Personnel Services Battalion, Fort Hood, Texas, dated 26
April 2000 awarded the applicant the AGCM (4th Award).  However, Permanent
Order 123-311, dated 26 April 2000 revoked these orders.

6.  Permanent Order Number 136-308, Department of the Army, Charlie
Detachment, 15th Personnel Services Battalion, Fort Hood, Texas, dated 15
May 2000 awarded the applicant the AGCM (4th Award).  This is a duplicate
award of the AGCM (4th Award).

7.  Permanent Orders Number 057-00039, Department of the Army,
Headquarters, U.S. Army Armor Center and Fort Knox, dated 26 February 2002
once again awarded the applicant the AGCM (4th Award).

8.  Permanent Order Number 085-00015, Department of the Army, Headquarters,
U.S. Army Armor Center and Fort Knox, dated 26 March 2003, awarded the
applicant the AGCM (5th Award) for the period 29 January 2000 to 28 January
2003.  This award is correct as issued.

9.  Army Regulation 600-8-22 (Military Awards) states the AGCM 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 normally 3 years or, for the first award only, upon termination
of service of on or after      27 June 1950 of less than 3 years but more
than 1 year.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to have duplicate awards of the AGCM be removed
was carefully considered and found to have merit.

2.  The applicant received numerous awards of the AGCM during the period
29 January 1988 through 26 February 2002.  Orders awarding the applicant
the AGCM (1st through 3rd Award) are correct for those time periods in
which the applicant served.

3.  Permanent Order 117-309, Department of the Army, Charlie Detachment,
15th Personnel Services Battalion, Fort Hood, Texas, dated 26 April 2000
correctly awarded the applicant the first AGCM (4th Award) for the period
29 January 1997 to 28 January 2000.

4.  Permanent Order 117-339, Department of the Army, Charlie Detachment,
15th Personnel Services Battalion, Fort Hood, Texas, dated 26 April 2000
also awarded the applicant the AGCM (4th Award) which is a duplicate award
and should be removed.  However, Permanent Order 123-311, dated 26 April
2000 revoked these orders.   For clarity, Permanent Order 123-311 and
Permanent Order 117-309 should both be removed from the applicant’s OMPF.

5.  Permanent Order 136-308 Department of the Army, Charlie Detachment,
15th Personnel Services Battalion, Fort Hood, Texas, dated 15 May 2000 and
Permanent Orders 057-00039, Department of the Army, Headquarters, U.S. Army
Armor Center and Fort Knox, dated 26 February 2002 both awarded the
applicant the Army Good Conduct Medal (4th Award).  These are duplicate
awards and in the interest of justice and to eliminate confusion, should be
removed from his OMPF.

BOARD VOTE:

__LDS __  __REB   _  __RMN__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that the
following Permanent Orders be removed from the applicant’s OMPF:

      a.  Permanent Order  Number 117-339, Department of the Army, Charlie
Detachment, 15th Personnel Services Battalion, Fort Hood, Texas, dated 26
April 2000;

      b.  Permanent Order Number 123-311, Department of the Army, Charlie
Detachment 15th Personnel Services Battalion, Fort Hood, Texas, dated 26
April 2000;


      c.  Permanent Order 136-308 Department of the Army, Charlie
Detachment, 15th Personnel Services Battalion, Fort Hood, Texas, dated 15
May 2000; and

      d.  Permanent Orders 057-00039, Department of the Army, Headquarters,
U.S. Army Armor Center and Fort Knox, dated 26 February 2002.





                                  ___  Linda D. Simmons   __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008277                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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