IN THE CASE OF:
BOARD DATE: 3 February 2009
DOCKET NUMBER: AR20090000414
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 a duplicate order for award of the Good Conduct Medal (2nd Award) from his Official Military Personnel File (OMPF).
2. The applicant states that he was issued two sets of orders on two different dates awarding him the Good Conduct Medal (2nd Award) and that he recently received orders revoking the original set of orders.
3. The applicant provides the following additional documentary evidence in support of his application:
a. Permanent Orders 119-00237, issued by Headquarters, 10th Mountain Division, Fort Drum, New York, dated 29 April 1997;
b. Permanent Orders 309-00020, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, Oklahoma, dated 5 November 1997; and
c. Permanent Order 347-001, issued by Task Force Hammer, 62nd Engineer Combat Battalion (Heavy), Forward Operating Base Sharana, Afghanistan, dated 12 December 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army staff sergeant (SSG)/E-6 who holds military occupational specialty (MOS) 63B (Mechanic) and is currently serving with the
62nd Engineer Battalion in Afghanistan. He initially enlisted in the Regular Army for a period of 2 years and 23 weeks on 19 July 1991 and subsequently executed a series of reenlistments in the Regular Army.
2. The applicants records show he was awarded the Good Conduct Medal (1st award) on 19 July 1994 for exemplary conduct, efficiency, and fidelity in active Federal military service during the period 19 July 1991 through 18 July 1994.
3. On 29 April 1997, Headquarters, 10th Mountain Division, Fort Drum published Permanent Orders 119-00237, awarded the applicant the Good Conduct Medal (2nd Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 19 July 1994 through 18 July 1997.
4. On 5 November 1997, subsequent to his reassignment to Fort Sill, Headquarters, U.S. Army Field Artillery Center, Fort Sill, published Permanent Orders 309-00020, awarding the applicant the Good Conduct Medal (2nd Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 19 July 1994 through 18 July 1997.
5. On 24 October 2000, 17 December 2003, and 12 July 2006, the applicant was awarded his third, fourth, and fifth awards of the Good Conduct Medal for service from 19 July 1997 through 18 July 2000; 19 July 2000 through 18 July 2003, and 19 July 2003 through 18 July 2006, respectively.
6. On 12 December 2008, Task Force Hammer, 62nd Engineer Combat Battalion (Heavy), Forward Operating Base Sharana, Afghanistan, published Permanent Order 347-001, revoking Permanent Orders 119-00237, issued by Headquarters, 10th Mountain Division, Fort Drum on 29 April 1997, that awarded the applicant the Good Conduct Medal (2nd Award) for his service during the period 19 July 1994 through 18 July 1997.
7. 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.
8. Table 2-1 of this regulation shows that award orders (including badges and tabs) 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 direct removal or movement of documents filed in the OMPF in the interest of justice or equity.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that a duplicate set of orders awarding him his second award of the Good Conduct Medal should 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 sets of orders awarding the applicant the Good Conduct Medal (2nd Award) for the same period of service. The duplicate order was recently revoked by another order, thus creating a cluttered OMPF. There is no harm to the Army or to the Soldier if the duplicate order and the order that revoked it 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 Permanent Orders 119-00237, issued by Headquarters, 10th Mountain Division, Fort Drum, dated 29 April 1997 and Permanent Order 347-001, issued by Task Force Hammer, 62nd Engineer Combat Battalion (Heavy), Forward Operating Base Sharana, Afghanistan, dated 12 December 2008, from his 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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