IN THE CASE OF:
BOARD DATE: 26 February 2009
DOCKET NUMBER: AR20080019355
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 removal of duplicate, incorrect orders for award of the Good Conduct Medal (4th Award) from his official military personnel file (OMPF).
2. The applicant states that he was issued orders awarding him the Good Conduct Medal (4th Award), but the period of service was incorrectly shown as "from 10 August 2003 to 02 February 2007." Per guidance from this Board, he went to his servicing personnel office and a duplicate of the incorrect order was added to his OMPF with a handwritten note "Please Revoke" written across the top. Then a copy of the same order, only with the correct period of service (11 August 2003 to 10 August 2006), was added to his OMPF with a handwritten annotation "Corrected Copy" with his Social Security Account Number handwritten on it.
3. The applicant provides:
a. Orders 058-1, 1st Armored Division Support Command, Personnel Services Center, APO AE 09096, dated 28 February 2007, showing award of the Army Good Conduct Medal (4th Award) for the period of service from 10 August 2003 to 02 February 2007.
b. Orders 058-1, 1st Armored Division Support Command, Personnel Services Center, APO AE 09096, dated 28 February 2007, showing award of the Army Good Conduct Medal (4th Award) for the period of service from 10 August 2003 to 02 February 2007 with handwritten annotation "Please Revoke."
c. Orders 058-1, 1st Armored Division Support Command, Personnel Services Center, APO AE 09096, dated 28 February 2007, showing award of the Army Good Conduct Medal (4th Award) for the period of service from 11 August 2003 to 10 August 2006, with handwritten annotation "Corrected Copy
XXX-XX-1422."
CONSIDERATION OF EVIDENCE:
1. The applicant was awarded three Army Good Conduct Medals for the following periods of service:
a. 1st Award 11 August 1994 to 10 August 1997.
b. 2nd Award 11 August 1997 to 10 August 2000.
c. 3rd Award 11 August 2000 to 10 August 2003.
2. The applicants 4th award of the Army Good Conduct Medal should have been issued for the period of service from 11 August 2003 to 10 August 2006; however, Orders 058-1, 1st Armored Division Support Command, Personnel Services Center, APO AE 09096, dated 28 February 2007, showed the period of service as 10 August 2003 to 02 February 2007.
3. On 16 January 2008, the applicant petitioned the Army Board for Correction of Military Records (ABCMR) to remove the incorrect Army Good Conduct Medal order from his file. By letter, dated 27 February 2008, the ABCMR advised the applicant to have a corrected order published and placed in his OMPF. The applicant complied with that request.
4. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states the Army Good Conduct Medal was established on 28 June 1941 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military 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.
5. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. Chapter 2 of this regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table 2-1 of this regulation shows that award orders are filed on the performance portion of the OMPF. Paragraph 2-4 contains guidance on changing the OMPF. It indicates, in pertinent part, that the ABCMR may, in the interest of justice or equity, direct removal or movement of documents filed in the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that incorrect versions of Orders 058-1, dated 28 February 2007, be removed from his OMPF.
2. The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier. In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods and any corrections to other parts of the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.
3. The evidence of record shows that the applicant's OMPF contains two incorrect orders: Orders 058-1, 1st Armored Division Support Command, Personnel Services Center, APO AE 09096, dated 28 February 2007, showing award of the Army Good Conduct Medal (4th Award) for the period of service from 10 August 2003 to 02 February 2007; and Orders 058-1, 1st Armored Division Support Command, Personnel Services Center, APO AE 09096, dated 28 February 2007, showing award of the Army Good Conduct Medal (4th Award) for the period of service from 10 August 2003 to 02 February 2007 with the handwritten annotation "Please Revoke" which have been corrected by Orders 058-1, 1st Armored Division Support Command, Personnel Services Center, APO AE 09096, dated 28 February 2007, showing award of the Army Good Conduct Medal (4th Award) for the period of service from 11 August 2003 to 10 August 2006 with the handwritten annotation "Corrected Copy
XXX-XX-1422." There is no harm to the Army or to the Soldier if the two incorrect orders are removed from his OMPF. Therefore, the applicant is entitled to relief.
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 the two Orders 058-1, 1st Armored Division Support Command, Personnel Services Center, APO AE 09096, dated 28 February 2007, showing the period of service for the 4th award of the Army Good Conduct Medal as from 10 August 2003 to 02 February 2007.
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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