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ARMY | BCMR | CY2006 | 20060010726C071029
Original file (20060010726C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2007
      DOCKET NUMBER:  AR20060010726


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Ronald D. Gant                |     |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:

            a.  Permanent Orders 295-20, which awarded her the Good Conduct
Medal, and which were rescinded, be removed from her Official Military
Personnel File (OMPF).

      b.  Permanent Orders 109-18 which awarded her the Good Conduct Medal,
and which were rescinded, be removed from her OMPF.


      c.  the "Proposed Citation for Award of the Bronze Star Medal" be
removed from the Reserve tab and re-filed in the active duty tab of her
OMPF.


      d.  remove the DA Form 638, Recommendation for Award, from the Reserve
tab in her OMPF and re-file it in the active duty tab of her OMPF.


      e.  documents dated 31 August 2005, 23 August 2004 and 6 August 2004
which are filed in the Reserve tab of her OMPF be removed.  These are all
duplicates of documents located in her active duty tab.

2.  The applicant states, in effect, that the awards that were rescinded
were due to them being awarded at the wrong time.  They were corrected and
re-filed with the new orders which probably caused the duplication.  The
documents in the Reserve tab were misfiled due to her being in a Reserve
unit in an active duty slot.

3.  The applicant provided those documents that are indicated on her
electronic application to the Board, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that on the date of her application to
this Board, she was serving on active duty, in the rank of sergeant first
class and was assigned to the 501st Special Troops Battalion, Fort
Campbell, Kentucky.

2.  The evidence shows the applicant enlisted in the US Army Reserve
(USAR), Delayed Entry / Enlistment Program (DEP) for 8 years on 17 August
1993.  She enlisted in the Regular Army for 6 years on 30 December 1993.
3.  The applicant was awarded the Good Conduct Medal (1st Award), by
Permanent Orders 127-35, by Detachment B, 55th Personnel Services
Battalion, Wiesbaden, Germany, on 7 May 1996, for the period 30 December
1993 through 29 December 1996.  These orders were prepared for the correct
period of good conduct and are correctly filed in the applicant's OMPF.

4.  The applicant was awarded the Good Conduct Medal (2nd Award), by
Permanent Orders 109-18, by Headquarters, US Army Garrison, Fort Myer,
Virginia, on 19 April 2001, for the period 8 May 1996 to 7 May 1999.  These
orders were prepared for an incorrect period of good conduct and are on
file in the applicant's OMPF.

5.  The applicant was awarded the Good Conduct Medal (3rd Award), by
Permanent Orders 295-20, by Headquarters, US Army Air Defense Artillery
Center and Fort Bliss, Fort Bliss, Texas, on 22 October 2002, for the
period 8 May 1999 to 7 May 2002.  These orders were prepared for an
incorrect period of good conduct and are on file in the applicant's OMPF.

6.  Permanent Orders 109-18 and Permanent Orders 295-20, which awarded
the applicant the Good Conduct Medal (2nd Award and 3rd Award),
respectively, were revoked by Memorandum, Subject:  Revocation of Army Good
Conduct Award Orders, prepared by Headquarters, US Army Garrison, Fort
McPherson, Georgia, on 22 July 2005.

7.  On 8 September 2006, an Army Board for Correction of Military Records
(ABCMR) staff member was advised that permanent orders referenced in
paragraph 6 above had been removed from the applicant's OMPF by the
Enlisted Records and Evaluation Center.  There is no evidence these orders
have been removed from the OMPF.

8.  The applicant was awarded the Good Conduct Medal (2nd Award), by
Permanent Orders 203-001, by Headquarters, US Army Garrison, Fort
McPherson, Georgia, on 22 July 2005, for the period 30 December1996 to
29 December 1999.  These orders were prepared for the correct period of
good conduct and are on file in the applicant's OMPF.

9.  The applicant was awarded the Good Conduct Medal (3rd Award),
by Permanent Orders 203-002, by Headquarters, US Army Garrison, Fort
McPherson, Georgia, on 22 July 2005, for the period 30 December 1999 to
29 December 2002.  These orders were prepared for the correct period of
good conduct and are on file in the applicant's OMPF.

10.  The applicant was awarded the Good Conduct Medal (4th Award), by
Permanent Orders 357-028R, by the 501st Special Troops Battalion (Rear)
(Provisional), 101st Airborne Division (Air Assault), Fort Campbell,
Kentucky, on 24 December 2005, for the period 30 December 2002 to
29 December 2005.  These orders were prepared for the correct period of
good conduct and are on file in the applicant's OMPF.

11.  The applicant's OMPF contains a "Proposed Citation for Award of the
Bronze Star Award."  She identified this document as being located on her
OMPF and corresponding to the date 1 October 2005.  In her application, she
requested this document be moved from her "Reserve tab to Active Duty tab"
because it was misfiled.  This proposed citation is now correctly filed in
her OMPF and will not be discussed further in this Record of Proceedings.

12.  The five documents shown on the Reserve PERMS (Personnel Electronic
Records Management System) also appear among the documents on file in the
applicant's OMPF.  These include a citation for an award, three awards
certificates, and an approved DA Form 638 (Recommendation for Award).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for removal of Permanent Orders 109-18 and
Permanent Orders 295-20, which awarded her the Good Conduct Medal (2nd
Award and 3rd Award), for an incorrect period of good conduct, from her
OMPF, has merit.

2.  The above referenced permanent orders have been revoked and good
conduct medal orders having the correctly identified period of good conduct
have been published and have been appropriately filed in the applicant's
OMPF.

3.  The applicant is therefore entitled to a correction of her records by
having these permanent orders removed from her OMPF

4.  There is no record of the applicant having served as a member of the
US Army Reserve, with exception of the brief period she was assigned to
the Delayed Entry / Enlistment Program.  The five documents that currently
appear in the Reserve PERMS also appear on her Regular Army PERMS record.
She is therefore entitled to correction of her record by deleting these
five documents from her Reserve PERMS record and removing this record from
the data base.
BOARD VOTE:

__RDG___  _JCR __  __DKH__  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

      a.  removing Permanent Orders 109-18 and Permanent Orders 295-20 from
the applicant's Regular Army OMPF; and

      b.  removing the five documents that now appear on her Reserve PERMS
record and removing this record from the Reserve PERMS since she is a
Regular Army Soldier.




                                  _____Jeffrey C. Redmann_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060010726                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |134.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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