RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050009232


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 a memorandum from his Official
Military Personnel File (OMPF) pertaining to the Army Good Conduct Medal
(AGCM).

2.  The applicant states a memorandum filed in the disciplinary section of
his OMPF which states that he was denied his first award of the AGCM is not
true because he has been awarded all of his Good Conduct Medals.

3.  The applicant provides:

      a.  Permanent Orders 077-00212, Headquarters, 10th Mountain Division
(Light Infantry), Fort Drum, New York, dated 18 March 1997.

      b.  Permanent Orders 240-3, 82nd Soldier Support Battalion
(Airborne), 82nd Airborne Division, Fort Bragg, North Carolina, dated 28
August 1999.

      c.  Permanent Orders 337-02, Department of the Army, Bravo
Detachment, 516th Personnel Services Battalion, dated 3 December 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 October 1996.  He has
served continuously on active duty and there is no record of indiscipline
during the period of qualifying service for his 3 awards of the AGCM.

2.  The applicant’s record contains a memorandum titled Denial of Good
Conduct Medal from the Commander, Charlie Company, 2nd Battalion, 14th
Infantry,
Fort Drum, New York, dated 19 November 1996.  The commander stated in his
memorandum that the applicant was being denied the AGCM because he received
a company grade Article 15 during the qualifying period for this award.

3.  The commander further stated in his memorandum that he was impelled to
deny the applicant the award because he [the applicant] failed to display
exemplary behavior which was one of the basic fundamentals of the AGCM.
This memorandum does not contain a specific reference or order number his
denial.  This memorandum also stated the applicant received a company grade

Article 15.  However, there is no record of a company grade Article 15 in
the applicant’s OMPF.


4.  The applicant’s record contains Permanent Orders 077-00212,
Headquarters, 10th Mountain Division (Light Infantry), Fort Drum, New York,
dated 18 March 1997.  These orders awarded the applicant the AGCM (1st
Award) for the period 26 August 1993 to 25 August 1996.  This award would
have covered the same period included in the denial memorandum dated 19
November 1996.

5.  The applicant’s record contains Permanent Orders 240-3, 83rd Soldier
Support Battalion (Airborne) Division, Fort Bragg, North Carolina, dated
28 August 1999.  These orders show the applicant was awarded the AGCM
(2nd Award) for the period 26 August 1996 to 25 August 1999.

6.  The applicant’s record contains Permanent Orders 337-02, Bravo
Detachment, 516th Personnel Services Battalion, Korea, dated 3 December
2002.  These orders show the applicant received the AGCM (3rd Award) for
the period 26 August 1999 to 25 August 2002.

7.  The applicant’s record contains Permanent Orders 7-07, Bravo
Detachment, 516th Personnel Services Battalion, Korea, dated 7 January
2003.  These orders show the applicant was awarded the AGCM (3rd Award) for
the period 25 August 1999 to 24 August 2002.  However, this was a duplicate
award and Permanent Orders 104-07, Bravo Detachment, 516th Personnel
Services Battalion, revoked and rescinded Permanent Orders 7-07 effective
on 14 April 2003.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s request to have a memorandum, dated 19 November
1996 pertaining to denial of award to the AGCM removed from his records was
carefully considered.

2.  A review of the applicant’s entire record revealed that the 19 November
1996 memorandum written by his former commander referred to a summary grade
Article 15.  However, this statement cannot be substantiated and is not
documented in the applicant’s OMPF.  Therefore, there is no evidence in the
applicant’s OMPF that he received a summary grade Article 15 or had any
other disciplinary actions pending at that time.

3.  The applicant’s higher headquarters awarded him the AGCM (1st Award)
for the same period of service covered by the 19 November 1996 memorandum
denying the applicant the AGCM (1st Award).  Therefore, it would be
appropriate remove this memorandum from the applicant’s OMPF.


BOARD VOTE:

___LE  __  __PMS__  __LGH__  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 all
Department of the Army records of the individual concerned be corrected by
removing Department of the Army, 2nd Battalion, 14th Infantry, Fort Drum,
New York, memorandum dated 19 November 1996 and titled Denial of Good
Conduct Medal, be removed from the disciplinary portion of the applicant’s
Official Military Personnel File.




                            _____  Lester Echols  _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009232                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050929                                |
|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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