RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 October 2005
      DOCKET NUMBER:  AR20050012669


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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, removal of erroneous Army Good
Conduct Medal (AGCM) orders from his Official Military Personnel File
(OMPF).

2.  The applicant states, in effect, that the orders announcing his initial
award of the AGCM contains an incorrect qualifying period, and all
subsequent AGCM orders have continued to contain erroneous qualifying
periods.  As a result, these AGCM orders are invalid.

3.  The applicant provides the following documents in support of request:
Enlisted Records and Evaluation Center (EREC) Memorandum, dated 26 August
2005, and eight AGCM award orders, seven orders revoking AGCM award orders
and 1 order amending AGCM award orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the Regular Army Delayed Enlistment
Program (DEP) on 28 September 1984, and entered active duty on 4 December
1984.  He has continuously served on active duty through reenlistments
since that date.  He is currently serving in the rank of sergeant first
class (SFC).  His record confirms he has had no break in his active duty
service since 4 December 1984, the date he originally entered active duty.


2.  The applicant’s OMPF contains Headquarters, 2nd Armored Division,
Fort Hood, Texas Permanent Orders Number 185-29, dated 12 November 1986.
These orders awarded him the first award of the AGCM, for the period
4 December 1984 to 3 December 1986.  The OMPF also contains fifteen
additional orders prepared subsequent to the issue of this first award
order, which awarded, revoked, or amended AGCM orders pertaining to the
applicant.

3.  The applicant’s OMPF contains no derogatory information and there is no
documented record of a disqualification from any of his active duty
commanders that would have precluded him from receiving the AGCM during any
of his qualifying periods.

4.  The applicant provides an EREC Memorandum, dated 26 August 2005.  This
document confirms the applicant is entitled to the six awards of the AGCM
for the following periods:  4 December 1984 to 3 December 1987, 4 December
1987 to 3 December 1990, 4 December 1990 to 3 December 1993, 4 December
1993 to 3 December 1996, 4 December 1996 to 3 December 1999, and 4 December
1999 to 3 December 2002.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 of the awards
regulation prescribes the policy for award of the AGCM.  It states, in
pertinent part, that the AGCM is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  The normal qualifying period is 3
years.  In those cases when the period for the first award ends with the
termination of a period of Federal military service, a period of more than
1 year is considered a qualifying period for award of the AGCM; however,
this is only applicable when a member actually leaves active duty.
Although there is no automatic entitlement to the AGCM, disqualification
must be justified.

6.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records) prescribes the policies governing the OMPF, Military
Personnel Records Jacket, Career Management Individual File, and Army
Personnel Qualification Records.  Paragraph 2-4 of this regulation states,
in pertinent part, that once a document is placed in the OMPF it becomes a
permanent part of that file unless the OMPF custodian removes documents
that have been improperly filed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his OMPF contains numerous erroneous
AGCM related orders was carefully considered and found to have merit.

2.  By regulation, the normal qualifying period for the AGCM is 3 years;
however, in the case of the first award, a period of more than 1 year is a
qualifying period if the award is made upon the termination of service.
This exception for the first award does not apply if the member does not
leave active duty.  In this case, the evidence of record confirms the
applicant was erroneously awarded his first AGCM for the period 4 December
1984 to 3 December 1986 even though he did not leave active duty.

3.  The applicant entered active duty on 4 December 1984 and has
continuously served honorably since that date, with no break in service.
In addition, his OMPF is void of any derogatory information or a formal
disqualification from any of the active duty unit commanders for which the
applicant has served throughout his active duty tenure.

4.  The evidence of record confirms the applicant has completed six periods
of qualifying honorable active duty service periods for the AGCM.  As a
result, he is entitled to this award for the following periods:  4 December
1984 to 3 December 1987; 4 December 1987 to 3 December 1990; 4 December
1990 to 3 December 1993; 4 December 1993 to 3 December 1996; 4 December
1996 to 3 December 1999; and 4 December 1999 to 3 December 2002, as
evidenced by the
26 August 2005 EREC Memorandum.  Therefore, it would be appropriate to
issue the applicant orders awarding him the AGCM for these qualifying
periods.

5.  In view of the facts of this case, it would also be appropriate to
remove all AGCM related orders, to include amendments and revocations, from
the applicant’s OMPF in the interest of clarity.

6.  It is noted that current regulations provide the records custodian the
authority to accomplish the records correction actions outlined above.  In
this case, the EREC, as the records custodian, could have authorized the
removal of the current erroneous AGCM from the applicant’s OMPF, and
replaced them with orders for the qualifying periods identified in their
own memorandum.  However, EREC personnel confirm the current EREC policy
allows only for the removal of duplicate orders, and does not allow for the
removal of erroneous orders.  As a result, Board action is necessary to
correct the applicant’s record in this case.

BOARD VOTE:

___MHM_  __ALR __  ___LDS_  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 all AGCM related orders from his OMPF; and by issuing him orders
for the AGCM for the following six qualifying periods:  4 December 1984 to
3 December 1987; 4 December 1987 to 3 December 1990; 4 December 1990 to 3
December 1993; 4 December 1993 to 3 December 1996; 4 December 1996 to 3
December 1999; and 4 December 1999 to 3 December 2002, and filing these
orders in his OMPF in place of the removed orders.




            ____Melvin H. Meyer____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050012669                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/10/27                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/10/                                |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.000                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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