RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 February 2007
DOCKET NUMBER: AR20060017783
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 the removal of erroneous orders awarding him the Army Good Conduct Medal and their subsequent revocation orders from his official military personnel File (OMPF).
2. The applicant states that the correct set of orders are also in his OMPF and removal of the erroneous orders will allow for easier review by the Sergeant First Class Promotion Board.
3. The applicant provides copies of Orders 164-5004, Headquarters, United States Army Infantry Center, Fort Benning, Georgia, dated 13 June 2006; Permanent Orders 089-804, 509th Personnel Service Battalion, dated 30 March 2001, and Permanent Orders 100-801, 509th Personnel Service Battalion, dated 10 April 2001.
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 089-804, 509th Personnel Service Battalion, dated
30 March 2001, awarded the applicant the Army Good Conduct Medal for the period from 20 April 1998 to 19 April 2001.
3. Permanent Orders 100-801, 509th Personnel Service Battalion, dated 10 April 2001, awarded the applicant the Army Good Conduct Medal for the period from 22 April 1998 to 21 April 2001.
4. Orders 164-5004, Headquarters, United States Army Infantry Center, Fort Benning, Georgia, dated 13 June 2006, revoked Permanent Orders 089-804.
5. 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.
6. 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 essentially the same period of service. One of these orders was revoked in 2006.
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 erroneous award orders and its revocation.
3. Therefore, Permanent Orders 089-804, dated 30 March 2001 and Orders 164-5004, dated 13 June 2006, 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 089-804, 509th Personnel Service Battalion, dated 30 March 2001, and Orders 164-5004, Headquarters, United States Army Infantry Center, Fort Benning, Georgia, dated 13 June 2006.
__ Barbara J. Ellis_______
CHAIRPERSON
INDEX
CASE ID
AR20060017783
SUFFIX
RECON
DATE BOARDED
20070201
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
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4.
5.
6.
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