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ARMY | BCMR | CY2005 | 20050011711C070206
Original file (20050011711C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050011711


      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. Paul Wright                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, in effect, that Permanent Orders 278-02
revoking Permanent Orders 68-341 awarding the Good Conduct Medal be removed
from his Official Military Personnel File (OMPF).

2.  The applicant states that there is no Permanent Orders 68-341 in his
records. He indicates that he has been awarded the Good Conduct Medal 6
times during his career.  His last Good Conduct Medal shows the 5th award
which he is getting corrected through his Personnel Service Battalion to
show 6th award.  He does not want the promotion board to erroneously think
he had one of his Good Conduct Medals revoked.

3.  The applicant provides copies of:  Permanent Orders 278-02, dated 3
October 2001; Permanent Orders 112-14, dated 21 June 1989; Permanent Orders
0000138-032, dated 21 November 1991; Permanent Orders 57-6, dated 12 August
1994; Permanent Orders 325-00051, dated 21 November 1997; Permanent Orders
297-214, dated 23 October 2000; Permanent Orders 200-01, dated 18 July
2004; and Permanent Orders 223-06, dated 11 August 2005.

CONSIDERATION OF EVIDENCE:

1.  On 6 September 1985, the applicant enlisted into the Regular Army for a
period of 3 years.  He completed all required training and has subsequently
remained on active duty to date.

2.  The applicant's record contains Permanent Orders 112-14, dated 21 June
1989, which awarded him the Good Conduct Medal (1st award) for the period
6 September 1985 through 5 September 1988.

3.  The applicant's record contains Permanent Orders 000138-032, dated
21 November 1991, which awarded him the Good Conduct Medal (2nd award) for
the period 6 September 1988 through 5 September 1991.

4.  The applicant's record contains Permanent Orders 57-6, dated 12 August
1994, which awarded him the Good Conduct Medal (3rd award) for the period
6 September 1991 through 5 September 1994.

5.  The applicant's record contains Permanent Orders 325-00051, dated
21 November 1997, which awarded him the Good Conduct Medal (4th award) for
the period 9 September 1994 through 8 September 1997.

6.  The applicant's record contains Permanent Orders 297-314, dated 23
October 2000, which awarded him the Good Conduct Medal (5th award) for the
period
6 September 1997 through 5 September 2000.

7.  The applicant's record contains Permanent Orders 278-02, dated 3
October 2001, which revoked Permanent Orders 68-341 pertaining to the Good
Conduct Medal.

8.  The applicant's record contains Permanent Orders 200-01, dated 18 July
2004, which awarded him the Good Conduct Medal (5th award) for the period
9 September 2000 through 8 September 2003.

9.  The applicant's record does not contain Permanent Orders 223-06, dated
11 August 2005 which amended Permanent Orders 200-01 to change the 5th
award to the 6th award.  The applicant sent this order in at the request of
the Board's staff.

10.  Army Regulation 600-8-22 (Military Awards) 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.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has orders in his records awarding him the Good Conduct
Medal every 3 years from his first award in 1988 through his sixth award in
2003. He has never been denied a Good Conduct Medal.

2.  Permanent Orders 68-341 is not contained in the applicant's records.
The order that revokes it, Permanent Orders 278-02, is in the records and
references the Good Conduct Medal.  It is dated 3 October 2001.  The
applicant received his 5th award of the Good Conduct Medal in 2000 and his
6th award in 2003; he would not have been eligible for a Good Conduct Medal
in 2001.

3.  Most probably, Permanent Orders 68-341 awarded the Good Conduct Medal
for an improper 3-year period; the revocation order corrected that by
revoking the award.  In any event, It makes no logical sense to have
revocation order on file when the order it revokes is not on file.
Therefore, it would be appropriate to remove Permanent Orders 278-02 to
avoid the appearance that one of the applicant's awards of the Good Conduct
Medal was revoked.

4.  Since the applicant's OMPF does not contain his latest amendment –
Permanent Orders 223-06, dated 11 August 2005, showing that he received his
6th award of the Good Conduct Medal – it would appropriate to add this
document to his OMPF.

BOARD VOTE:

__mkp___  __lds___  __mjf___  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 Permanent Orders 278-02, dated 2 October 2001, and if it has not
already been added, adding Permanent Orders 223-06, dated 11 August 2005.



                                        Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011711                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |134.0000                                |
|2.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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