RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070018942 


	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

Ms. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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, in effect, that an order awarding her the Good Conduct Medal (GCM) and its subsequent revocation order be removed from her Official Personnel Military File (OPMF). 

2.  The applicant states, in effect, that she was initially awarded the GCM (1st Award).  The dates of service on the award order were incorrect so a revocation order was published revoking award of this GCM (1st Award).  These two separate orders are in her OPMF.  She states that a customer service representative who manages her OPMF recommended the applicant write to the Army Board for Correction of Military Records to remove the orders from her OPMF.  

3.  The applicant provides a self-authored statement dated 19 December 2007; a copy of Permanent Order 264-122, dated 21 September 1999; and, a copy of Permanent Order 334-01, dated 30 November 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Reserves on 17 December 1992.  Records show she completed basic and advanced individual training.  She was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist).  Records show the applicant's active duty service date is 18 May 1996.  On 1 October 1996, she enlisted in the Regular Army in pay grade E-3.  She has reenlisted consecutively, is currently on Active Duty, and holds the permanent rank of staff sergeant/pay grade E-6.  

2.  On 21 September 1999, Permanent Orders Number 264-122, published by Headquarters, National Training Center and Fort Irwin awarded the applicant the GCM (1st Award) for the period of service from 1 October 1996 to 30 September 1999.  The service start date of 1 October 1996 is the date the applicant enlisted in the Regular Army and this date does not take into consideration the applicant's computed active duty service date which is 18 May 1996. 

3.  On 14 July 2005, Permanent Orders Number 193-08, published by Special Troops Battalion, 10th Mountain Division (Light Infantry) awarded the applicant the GCM (3rd Award) for the period of service from 18 May 2002 to 17 May 2005.

4.  On 30 November 2007, Permanent Orders Number 334-01, published by Headquarters, 3rd Battalion, 25th Aviation Regiment revoked Permanent Orders Number 264-122 which awarded the applicant the GCM (1st Award) for the period of service from 1 October 1996 to 30 September 1999.

5.  On 30 November 2007, Permanent Orders Number 334-02, published by Headquarters, 3rd Battalion, 25th Aviation Regiment awarded the applicant the GCM (1st Award) for the period of service from 18 May 1996 to 17 May 1999.  The date of 18 May 1996 is the applicant's active duty service date.  

6.  On 30 November 2007, Permanent Orders Number 334-03, published by Headquarters, 3rd Battalion, 25th Aviation Regiment awarded the applicant the GCM (2nd Award) for the period of service from 18 May 1999 to 17 May 2002. 

7.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket (MPRJ), the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.  Table 2-1 of the regulation pertains to the composition of the OMPF, which states that award orders will be permanently filed in the commendatory and disciplinary section of the official performance fiche or electronic file.  It also prescribes the policy that disqualification statements for award of the Good Conduct Medal will be filed in the restricted fiche with the disapproval document itself filed in the commendation and disciplinary section of the OMPF.

8.  Army Regulation 600-8-105 (Military Orders), prescribes the policies governing the publication of military orders, it states in pertinent part, that the installation adjutant general may authorize battalion and brigade commanders with automation capabilities the authority to publish orders for the Good Conduct Medal.  Permanent orders in Order Format 320 are required for announcing award of permanent awards. 

9.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the announcement of the Good Conduct Medal will be announced in permanent orders by major Army commands or by delegated authority authorized to make the award.  Revocation of an award will be announced in permanent orders and filed in accordance with Army Regulation 600-8-104 in the Soldiers OPMF. 

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Permanent Orders Number 264-122 which awarded her the GCM (1st Award) for the period of service from 1 October 1996 to 30 September 1999 and Permanent Orders Number 334-01 which revoked that award of the GCM (1st Award) should be removed from her OPMF. 

2.  There is no administrative irregularity in the applicant's OPMF concerning the filing of the two permanent award orders for the GCM.  The two award orders are permanent documents, which by regulatory guidance must be filed in the applicant's OPMF.  The applicant has not provided any reason to remove these documents contrary to regulatory guidance. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LCB__  __PMS__  __SLP ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




___Shirley L. Powell___
       CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.