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ARMY | BCMR | CY2007 | 20070000528
Original file (20070000528.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 February 2007
	DOCKET NUMBER:  AR20070000528 


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

2.  The applicant states that there are two sets of orders awarding him the Army Good Conduct Medal for the same period of service.

3.  The applicant provides copies of Permanent Orders 109-25, 3rd Infantry Division, dated 19 April 2006; and Permanent Orders 121-58, 3rd Infantry Division, dated 1 May 2006.

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 109-25, 3rd Infantry Division, dated 19 April 2006, awarded the applicant the Army Good Conduct Medal for the period from 
11 July 2002 to 10 July 2005.

3.  Permanent Orders 121-58, 3rd Infantry Division, dated 1 May 2006, awarded the applicant the Army Good Conduct Medal for the period from 11 July 2002 to 10 July 2005.

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 3rd Infantry Division 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 duplicated set of award orders.

3.  Therefore, Permanent Orders 121-58, dated 1 May 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 121-58, 3rd Infantry Division, dated 1 May 2006.





__       Barbara J. Ellis______
          CHAIRPERSON




INDEX

CASE ID
AR20070000528
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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