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ARMY | BCMR | CY2007 | 20070018935
Original file (20070018935.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070018935


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. John Infante

Chairperson

Mr. Eric N. Andersen

Member

Mr. David K. Haasenritter

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 Permanent Orders 264-11, Special Troops Battalion, XVIII Airborne Corps, Fort Bragg, North Carolina, dated 21 September 2006, awarding him the Army Good Conduct Medal for the same period of service as a previous set of orders be removed from his official military personnel File (OMPF).

2.  The applicant states, in effect, that he has been erroneously awarded two Army Good Conduct Medals for the same period of service and wants the second award order removed from his files.

3.  The applicant provides no additional documents.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving on active duty in the Regular Army.  

2.  Permanent Orders 05-048, Personnel Service Company, 2nd Battalion, 
5th Personnel Group, dated 12 May 1994, awarded the applicant the Army Good Conduct Medal (first award) for the period from 14 May 1991 to 13 May 1994.

3.  Permanent Orders 058-02, 2nd Battalion, 7th Infantry Regiment, dated 
27 February 2002, awarded the applicant the Army Good Conduct Medal (second award) for the period from 14 May 1994 to 13 May 1997.

4.  Permanent Orders 058-03, 2nd Battalion, 7th Infantry Regiment, dated 
27 February 2002, awarded the applicant the Army Good Conduct Medal (third award) for the period from 14 May 1997 to 13 May 2000.

5.  Permanent Orders 361-01, United States Army Japan, dated 27 December 2005, awarded the applicant the Army Good Conduct Medal (fourth award) for the period from 14 May 2000 to 13 May 2003.

6.  Permanent Orders 264-11, Special Troops Battalion, XVIII Airborne Corps, Fort Bragg, North Carolina, dated 21 September 2006, awarded the applicant the Army Good Conduct Medal (fourth award) for the period from 14 May 2000 to 
13 May 2003.

7.  Permanent Orders 080-01, United States Army Japan, dated 21 March 2006, awarded the applicant the Army Good Conduct Medal (fifth award) for the period from 14 May 2003 to 13 May 2006.

8.  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. 

9.  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 Special Troops Battalion, XVIII Airborne Corps, Fort Bragg, North Carolina published a set of orders awarding the applicant the Army Good Conduct Medal (fourth award) for the same period of service indicated in orders published by the United States Army Japan.  

2.  Since the applicant is not authorized to be awarded two Army Good Conduct Medals for the same period of service, the second set of orders should be removed from his OMPF. 

3.  Furthermore, 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.

4.  Therefore, Permanent Orders 264-11, dated 21 September 2006 should be removed from the applicant's OMPF.





BOARD VOTE:

__DKH__  __JI_____  __ENA      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 the applicant's OMPF Permanent Orders 264-11, dated 
21 September 2006. 




___     John Infante ______
          CHAIRPERSON




INDEX

CASE ID
AR20070018935
SUFFIX

RECON
 
DATE BOARDED
20080131 
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


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