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ARMY | BCMR | CY2009 | 20090002193
Original file (20090002193.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	        19 March 2009

		DOCKET NUMBER:  AR20090002193 


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, Permanent Orders 045-104, Bravo Detachment, 18th Personnel Service Battalion, Fort Bragg, NC, dated 14 February 2001, awarding him the Good Conduct Medal (3rd Award) be removed from his official military personnel file (OMPF).

2.  The applicant states, in effect, he was awarded his second Good Conduct Medal on 15 June 2000 and he should not have been eligible for his third award until 2003.  The applicant desires to make his record correct.

3.  The applicant provides no additional documents in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army on 29 March 1994 and he has remained on active duty ever since.

2.  The applicant’s OMPF contains the following orders awarding him the Army Good Conduct Medal:

	a.  Bravo Detachment, 18th Personnel Service Battalion, Fort Bragg, NC, Permanent Orders 000037-177, dated 6 February 1997, awarding him the Good Conduct Medal (1st Award) for the period 28 March 1994 to 27 March 1997.

	b.  Detachment A, 55th Personnel Services Battalion, Order 167-046, dated 15 June 2000, awarding him the Army Good Conduct Medal (2nd Award) for the period 28 March 1997 to 27 March 2000.

	c.  Bravo Detachment, 18th Personnel Services Battalion, Fort Bragg, NC, Permanent Orders 045-104, dated 14 February 2001, awarding him the Good Conduct Medal (3rd Award) for the period 29 March 1997 to 28 March 2000.

	d.  82nd Brigade Support Battalion, 82nd Airborne Division, Fort Bragg, NC, Permanent Order 075-09, dated 16 March 2006, awarding him the Good Conduct Medal (2nd Award) for the period 2 March 2003 to 1 March 2006.

3.  There is no evidence in the applicant's records to show he had a break in service or that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not contain any adverse information.

4.  Army Regulation 600-8-22 (Military Awards) provides that the Army 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that Bravo Detachment, 18th Personnel Services Battalion, Permanent Orders 045-104, dated 14 February 2001, awarding him the Good Conduct Medal (3rd Award) for the period 29 March 1997 to 28 March 2000, be removed from his OMPF.  He makes this request in order to correct the record.

2.  Army Good Conduct Medals are awarded in 3-year intervals to recognize Soldiers who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The applicant entered active duty on 29 March 1994 and remains on active duty at present; all of his orders for the Army Good Conduct Medal are incorrect.

3.  The applicant’s first qualifying period of service for award of the Army Good Conduct Medal should have been from 29 March 1994 to 28 March 1997.  Subsequent awards should have been awarded for the following periods:  29 March 1997 to 28 March 2000 (2nd Award), 29 March 2000 to 28 March 2003 (3rd Award), and 29 March 2003 to 28 March 2006 (4th Award).
4.  In order to correct the applicant’s OMPF, all of his erroneous Army Good Conduct Medal orders should be revoked, and the erroneous orders removed from his OMPF.  Then new orders should be published using the correct periods of service as indicated below.

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:

	a.  revoking the following orders:  Permanent Orders 000037-177, dated 6 February 1997; Order 167-046, dated 15 June 2000; Permanent Orders 
045-104, dated 14 February 2001; and Permanent Order 075-09, dated 16 March 2006;

	b.  removing the revoked orders from the individual’s OMPF and not filing the revocation orders in his OMPF; and 

	c.  publishing and posting to his OMPF new orders awarding the individual the Army Good Conduct Medal for the following periods:  29 March 1994 to 28 March 1997 (1st Award); 29 March 1997 to 28 March 2000 (2nd Award), 29 March 2000 to 28 March 2003 (3rd Award), and 29 March 2003 to 28 March 2006 (4th Award).


															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)                                         AR20090002193



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ABCMR Record of Proceedings (cont)                                         AR20090002193



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