IN THE CASE OF:	 

		BOARD DATE:	       17 MARCH 2009

		DOCKET NUMBER:  AR20090001490 


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, Detachment Bravo, 90th Personnel Services Battalion, Permanent Orders 121-221, dated 1 May 2006, be removed from his official military personnel file (OMPF).

2.  The applicant states that there are no reasons or justification why his second award of the Good Conduct Medal was revoked.  He also points out that the information in the distribution section of the revocation orders does not pertain to him.

3.  The applicant provides a copy of Headquarters, Detachment Bravo, 90th Personnel Services Battalion, Permanent Orders 121-221, dated 1 May 
2006, and Headquarters, Detachment Bravo, 90th Personnel Services Battalion, Permanent Orders 357-208, dated 23 December 2005, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 September 1991 and is currently serving on active duty in the rank of staff sergeant.

2.  Headquarters, 502d Personnel Service Battalion, Permanent Order 261-28, dated 18 September 2002, shows the applicant received the first award of the Good Conduct Medal for the period 1 September 1999 through 31 August 2001.

3.  Headquarters, Detachment Bravo, 90th Personnel Services Battalion, Permanent Orders 357-208, dated 23 December 2005, show the applicant received the second award of the Good Conduct Medal for the period 1 September 2002 through 31 August 2005.

4.  Headquarters, Detachment Bravo, 90th Personnel Services Battalion, Permanent Orders 121-221, dated 1 May 2006, revoked Headquarters, Detachment Bravo, 90th Personnel Services Battalion, Permanent Orders 
357-208, dated 23 December 2005.  The distribution section on these orders contain another Soldier's name and unit.

5.  There is no evidence of record which shows the applicant received any disciplinary actions.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal 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.  The regulation also states that qualifying periods of service must be continuous enlisted active Federal military service.

7.  Paragraph 4-8 (Disqualification for the Army Good Conduct Medal) of Army Regulation 600-8-22 states, in pertinent part, that conviction by courts-martial terminated a period of qualifying service and individuals whose retention is not warranted or for whom a bar to reenlistment has been approved are not eligible for award of the Good Conduct Medal.  The regulation also states that in instances of disqualification as determined by the unit commander, the commander will prepare a memorandum stating the rationale for his or her decision.  This memorandum will include the period of disqualification and will be referred to the individual.  The unit commander will consider the affected individual's statement.  If the commander's decision remains the same, the commander will forward his or her memorandum, and the individual's statement, and his or her consideration for permanent filing in the Soldier's OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation states that qualifying periods of service must be for continuous enlisted active Federal military service.

2.  The applicant's contention that there are no reasons or justification why his second award of the Good Conduct Medal was revoked was noted. 
3.  Orders show the applicant was awarded the first award of the Good Conduct Medal for the period 1 September 1999 through 31 August 2001.  Orders show he received the second award of the Good Conduct Medal for the period 1 September 2002 through 31 August 2005.  However, in accordance with the governing regulation, the beginning date of qualifying service for the applicant's second award of the Good Conduct Medal should have been 1 September 2001, not 2 September 2002.

4.  It is also noted, however, that orders for the second award of the Good Conduct Medal with the correct period of service are not filed in his OMPF.

5.  Although the applicant contends that the information in the distribution section of the revocation orders does not pertain to him, incorrect information in the distribution section of the revocation orders does not make the orders invalid.

6.  Absent any disqualifying factors for award of the Good Conduct Medal, it appears the orders for the applicant's second award of the Good Conduct Medal were revoked because the dates of qualifying service were incorrect (not continuous).  However, if the applicant can provide orders for the second award of the Good Conduct Medal with the correct period of service the Board       would reconsider a request to remove Headquarters, Detachment Bravo,        90th Personnel Services Battalion, Permanent Orders 357-208, dated                23 December 2005 and  Headquarters, Detachment Bravo, 90th Personnel Services Battalion, Permanent Orders 121-221, dated 1 May 2006, from his OMPF.

7.  Based on the foregoing, at this time there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  _____X___  ____X____  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.




      _______ _   XXXX_______   ___
               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)                                         AR20090001490



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ABCMR Record of Proceedings (cont)                                         AR20090001490



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