RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070018655 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. John T. Meixell

Member

Mr. Rowland C. Heflin

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 removal of two duplicate orders awarding him the Good Conduct Medal (2nd Award) from his Official Military Personnel File (OMPF).

2.  The applicant states that he was issued three permanent orders, each with a different order number, awarding him the Good Conduct Medal (2nd Award) for the same period of military service.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Permanent Orders 130-21, dated 10 May 1999, B Detachment, 18th Personnel Service Battalion, Fort Bragg, North Carolina;

	b.  Permanent Order 322-011, dated 17 November 2000, B Detachment, 22nd Personnel Service Battalion, Fort Lewis, Washington; and

	c.  Order 169-004, dated 18 June 2002, B Detachment, 22nd Personnel Service Battalion, Fort Lewis, Washington.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is a Regular Army staff sergeant (SSG)/E-6 who initially enlisted on 9 July 1993 and has had a series of reenlistments since.  He holds military occupational specialty (MOS) 92A (Automated Logistical Specialist).  He was promoted to sergeant (SGT)/E-5 on 3 February 2000 and to SSG/E-6 on 1 April 2004.

3.  On 20 May 1996, 22nd Personnel Service Battalion, Fort Lewis, Washington, published Permanent Order 141-93, awarding the applicant the Good Conduct Medal (1st Award) for the period of service from 9 July 1993 to 8 July 1996. 

4.  The applicant’s records show that he was issued three separate orders awarding him the Good Conduct Medal (2nd Award) for the period of service from 9 July 1996 to 8 July 1999: 

	a.  on 10 May 1999, B Detachment, 18th Personnel Service Battalion, Fort Bragg, North Carolina, published Permanent Orders 130-21, awarding him the Good Conduct Medal (2nd Award); 

	b.  on 17 November 2000, B Detachment, 22nd Personnel Service Battalion, Fort Lewis, Washington, published Permanent Order 322-011, awarding him the Good Conduct Medal (2nd Award); and 

	c.  on 18 June 2002, B Detachment, 22nd Personnel Service Battalion, Fort Lewis, Washington, published Order 169-004, awarding him the Good Conduct Medal (2nd Award).

5.  The applicant’s permanent orders awarding him the Good Conduct Medal (2nd Award) were all received by the Human Resources Command (HRC) Indianapolis (formerly known as the U.S. Army Enlisted Records and Evaluation Center or USAEREC) and are filed in the Performance "P" fiche section of the OMPF.

6.  Army Regulation 600-8-22 (Military Awards) provides that the 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 Good Conduct Medal, disqualification must be justified. 

7.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes policy, tasks, steps, and rules for military personnel information management, to include personnel records.  It states, in pertinent part, that only those documents listed in tables 2–1 and 2–2 are authorized for filing in the OMPF.  Depending on the purpose, the documents will be filed in one of three sections.  

	a.  The performance (P) fiche is used for filing performance, commendatory, and disciplinary data.  The P fiche is routinely used by career managers and selection boards.  Documents placed on this fiche are limited to those that provide evidence of a Soldier’s demonstrated performance.  These documents are used for evaluation and selection purposes.  This fiche is divided into a performance (P) section and a commendatory and disciplinary (CD) section.  Documents will not be obliterated or moved from the P fiche unless directed by an authority authorized to correct or move documents filed on the P fiche.  

	b.  The service (S) fiche is the OMPF section where general information and service data are filed.  The fiche is divided into a service computation (SC) section and a general administration (GA) section.  Documents filed on this fiche are those that must be permanently kept to record a Soldier’s military service, manage a Soldier’s career, and protect the interests of the Soldier and the Army.

	c.  The restricted (R) fiche is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of information on this fiche is controlled.  Documents on this fiche are those that must be permanently kept to maintain an unbroken, historical record of a Soldier’s service, conduct, duty performance, and evaluation periods; and corrections to other parts of the OMPF; record investigation reports; record appellate action; and protect the interest of the Soldier and the Army.

8.  Table 2-1 of Army Regulation 600-8-104 states that award orders (including badges, bars, tabs, and so forth) will be filed in the P section of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file.  The document will not be removed from a fiche or moved to another part of the fiche unless directed by selected agencies such as the Army Board for Correction of Military Records (ABCMR), the Department of the Army Suitability Evaluation Board (DASEB), Army appeal boards, and the OMPF custodian when documents have been improperly filed.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that for unknown reasons, the applicant was issued three permanent orders awarding him the second award of the Good Conduct Medal for the same period of service.  



2.  The OMPF is an unbroken record of a Soldier's service, conduct, duty performance, and evaluation periods.  Unless directed by certain agencies, once a document is placed in the Official Military Personnel File, it becomes a permanent part of that file.  

3.  Even though the OMPF has three sets of orders for the same award and period of service, all are filed correctly on the OMPF, in accordance with applicable regulation.  However, the result is that the applicant's OMPF's appearance is cluttered and not at its optimum.  There is no harm to the Army or to the Soldier if two extra orders were removed from the OMPF so it may become an uncluttered and correct OMPF.  Therefore, in the interest of justice, the applicant is entitled to a relief. 

BOARD VOTE:

__hof___  __jtm___  __rch___  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 Permanent Order 322-011, dated 17 November 2000, and Order    169-004, dated 18 June 2002, from the performance fiche (P-fiche) of his Official Military Personnel File (OMPF).




							Hubert O. Fry, Jr.
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070018655
SUFFIX

RECON

DATE BOARDED
20080117
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
134.0000
2.

3.

4.

5.

6.