IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080016604
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 that Headquarters, US Army Garrison, Aberdeen Proving Ground, Maryland, Permanent Orders 139-8, dated 19 May 2005, be removed from his Official Military Personnel File (OMPF).
2. The applicant states he was awarded his third Army Good Conduct Medal (AGCM) by Headquarters, US Army Garrison, Aberdeen Proving Ground, Maryland, Permanent Orders 138-2, dated 18 May 2005. Unfortunately, this order did not correctly reflect the "Date(s) or Period of Service" and was revoked the following day by the subject order. He believes the revocation order may be subject to misinterpretation by future personnel action boards.
3. The applicant provides the subject order and Headquarters, US Army Infantry Center, Fort Benning, Georgia, Permanent Order 42-5022, dated 11 February 2008, awarding him his third award of the AGCM for the period 11 July 2002 to 10 July 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army staff sergeant. In 2005, he was awarded his third award of the AGCM for the period of service from 11 July 2002 to 10 July 2005. Permanent Orders 138-2 incorrectly established the period of service as 11 July 2002 to 12 July 2005.
2. The subject order revoked Permanent Orders 138-2. The incorrect order is no longer in the applicants OMPF; however, the subject order the revocation order remains in his OMPF.
3. When the applicant received his fourth award of the AGCM, his servicing personnel office issued him a new order awarding the third award of the AGCM using the correct period of service. This order, Permanent Order 42-5022, Headquarters, US Army Infantry Center, Fort Benning, Georgia, dated 11 February 2008, is contained in his OMPF.
4. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal (AGCM) 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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.
5. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System. It establishes principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records. It states, in pertinent part, that once placed in the OMPF, a 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 competent authority.
DISCUSSION AND CONCLUSIONS:
1. The applicants conduct, efficiency and fidelity has been recognized by award of four AGCMs. Unfortunately his third award reflected incorrect dates for the period of service and had to be revoked. The incorrect order is no longer in his OMPF, but the revocation order remains in his OMPF. The presence of the revocation order published at Aberdeen Proving Ground, dated 19 May 2005, only serves to create doubt as to why revocation was necessary.
2. Given the above, it would be in the interest of justice to remove Headquarters, US Army Garrison, Aberdeen Proving Ground, Maryland, Permanent Orders 139-8, dated 19 May 2005, from the applicant OMPF.
BOARD VOTE:
___X____ ___X____ ___X____ 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 Orders 139-8, Headquarters, US Army Garrison, Aberdeen Proving Ground, Maryland, dated 19 May 2005, from the applicant's OMPF.
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.
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