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ARMY | BCMR | CY2006 | 20060017776
Original file (20060017776.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 February 2007
	DOCKET NUMBER:  AR20060017776 


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Ms. Barbara J. Ellis

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 duplicate orders awarding him the Army Good Conduct Medal be removed from his official military personnel File (OMPF).

2.  The applicant states that he does not know why this error occurred and that he has been trying for years to get the duplicate set of orders removed from his OMPF.
 
3.  The applicant provides copies of Permanent Orders 036-652, 509th Personnel Service Battalion, dated 5 February 1997, and Permanent Orders 
058-653, 509th Personnel Service Battalion, dated 27 February 1997.

CONSIDERATION OF EVIDENCE:

1.  The applicant, at the time of his application, was serving on active duty in the Regular Army, in the rank of staff sergeant, pay grade E6.  

2.  Permanent Orders 036-652, 509th Personnel Service Battalion, dated 
5 February 1997, awarded the applicant the Army Good Conduct Medal for the period from 23 March 1994 to 22 March 1997.

3.  Permanent Orders 058-653, 509th Personnel Service Battalion, dated 
27 February 1997, awarded the applicant the Army Good Conduct Medal for the period from 23 March 1994 to 22 March 1997.

4.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides, in pertinent part, that once a document is placed in the official military personnel file, it becomes a permanent part of that file.  The document will not be removed from the fiche or moved to another part of the fiche unless directed by The Army Board for Correction of Military Records. 

5.  Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that the 509th Personnel Service Battalion published two sets of orders awarding the applicant the Army Good Conduct Medal for the same period of service.  

2.  The Army has an interest in maintaining the accuracy of its records.  It is also important that these records be as concise as possible to help preclude misinterpretation by individuals or boards during their review of these records.  Therefore, it is prudent to remove the duplicate set of award orders.

3.  Therefore, Permanent Orders 036-652, dated 5 February 1997 should be removed from the applicant's OMPF.

BOARD VOTE:

__BJE__   __MJF __  __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 from his official military personnel file Permanent Orders 036-652, 509th Personnel Service Battalion, dated 5 February 1997.






__     _Barbara J. Ellis_____
          CHAIRPERSON




INDEX

CASE ID
AR20060017776
SUFFIX

RECON
 
DATE BOARDED
20070201 
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.


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