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ARMY | BCMR | CY2008 | 20080007611
Original file (20080007611.txt) Auto-classification: Approved

	IN THE CASE OF:	  

	BOARD DATE:	  24 June 2008

	DOCKET NUMBER:  AR20080007611 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that one of the orders awarding him the Good Conduct Medal (3rd award) be removed and revoked from his Official Military Personnel File (OMPF); that one of the orders awarding him the Good Conduct Medal (6th award) be removed and revoked from his OMPF; and that the other order awarding him the Good Conduct Medal (6th award) be added to his OMPF after 3 June 2008.

2.  The applicant states that he received two different sets of orders awarding him the 3rd and 6th award of the Good Conduct Medal (GCMDL) and all four of the orders are filed in his OMPF.  He goes on to state that one order for the 3rd award and one order for the 6th award of the GCMDL should be removed from his OMPF and revoked.  Additionally, the 6th award should not be filed on his OMPF until after 3 June because he is scheduled to be reviewed by the E-9 selection board and the presence of the 6th award of the GCMDL conflicts with his Enlisted Records Brief (ERB) and his official photograph.  He also states that he has attempted to resolve the matter with his unit and the installation Adjutant General to no avail.  

3.  The applicant provides a personnel records request form and copies of all orders awarding him the GCMDL. 





CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 June 1990 and has remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-8 on 1 December 2005.

2.  On 26 January 2001, Permanent Orders 26-667 were published by Detachment A, 516th Personnel Services Battalion in Korea that awarded the applicant the GCMDL (3rd Award) for the period of 4 June 1996 to 3 June 1999.  On 11 April 2001, Permanent Orders 101-689, also published by Detachment A, 516th Personnel Services Battalion, awarded the applicant the GCMDL (3rd award) for the period of 4 June 1996 to 3 June 1999.  Both orders are filed in the applicant’s OMPF.

3.  On 25 March 2008, Permanent Orders 085-03 were published by Headquarters, US Army Combined Arms Center and Fort Leavenworth which awarded the applicant the GCMDL (6th award) for the period of 4 June 2005 to  
3 June 2008.  On 31 March 2008, Permanent Orders 085-03 were again published by Headquarters, US Army Combined Arms Center and Fort Leavenworth which again awarded the applicant the GCMDL (6th award) for the period of 4 June 2005 to 3 June 2008.  Both orders are filed in the applicant’s OMPF.  The applicant submitted his application to the Board on 13 May 2008.   

4.  Army Regulation 600-8-22 serves as the authority for award of the GCMDL.  It provides, in pertinent part, that the GCMDL eligibility roster is published 90 days in advance of the eligibility date for award of the GCMDL.  Unit commanders are authorized to award the GCMDL to enlisted personnel serving under their command jurisdiction who meet the established criteria.  Where necessary, to correct conflicting or duplicate awards, previously issued general or permanent orders may be revoked and new orders published by the new commanders citing paragraph 4-3 as the authority.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his OMPF contains duplicate orders awarding him the 3rd and 6th award of the GCMDL has been noted and found to have merit.  

2.  Accordingly, action should be taken to revoke Permanent Orders 101-689 dated 11 April 2001 (3rd Award) and Permanent Orders 085-03 dated 31 March 2008 (6th Award), which are both duplicate orders contained in his OMPF.  

3.  Additionally, both of the revoked orders should be removed from his OMPF and a copy of the revocation orders provided to the applicant. 

4.  Inasmuch as the applicant’s 6th award of the GCMDL is in effect, there appears to be no basis at this time to remove it from his OMPF as requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by revoking Permanent Orders 101-689 dated 11 April 2001 (3rd Award) and Permanent Orders 085-03 dated 31 March 2008 (6th Award), and removing them from his OMPF.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removing the valid 6th award of the GCMDL from his OMPF until the effective date of the award (3 June 2008).



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007611



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ABCMR Record of Proceedings (cont)                                         AR20080007611



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