IN THE CASE OF:	  

		BOARD DATE:	       28 JULY 2009

		DOCKET NUMBER:  AR20090011540 


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 the following duplicate documents from his Official Military Personnel File (OMPF):

	a.  duplicate orders awarding him the Good Conduct Medal (2nd Award);

	b.  duplicate orders awarding him the Good Conduct Medal (4th Award); and

	c.  duplicate memoranda, dated 10 August 2003, awarding him the Gold Recruiter Badge with three sapphire achievement stars.  

2.  The applicant states there are several incorrect documents that were issued and filed in his OMPF and that although the correct documents were subsequently published and submitted, the original incorrect documents remain in his OMPF.  He adds that he would like to maintain an accurate military record and demonstrate to any promotion board that he cares about his personnel file. 

3.  The applicant provides a copy of two memoranda, dated 10 August 2003 and 30 September 2003, awarding him the Gold Recruiter Badge with three sapphire achievement stars; copies of Permanent Orders 193-85, dated 12 July 1999, and Permanent Order 75-24, dated 15 March 2000, awarding him the Good Conduct Medal (2nd award); and copies of Orders Number 282-13, dated 8 October 2008, and Orders Number 282-13, dated 3 December 2008, awarding him the Good Conduct Medal (4th Award), in support of his request. 


CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army (RA) sergeant first class (SFC) who currently holds military occupational specialty (MOS) 18C (Special Forces Engineer Sergeant) and he is serving with the 3rd Battalion, 7th Special Forces Group.  He initially enlisted in the RA on 23 September 1993 and subsequently executed a series of extensions and/or reenlistments in the RA.

2.  On 12 July 1999, the 502nd Personnel Services Battalion, Fort Hood, TX, published Permanent Order 193-85, awarding the applicant the Good Conduct Medal (2nd Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 23 September 1996 through 22 September 1999.

3.  On 15 March 2000, the 502nd Personnel Services Battalion, Fort Hood, TX, published Permanent Order 75-24, awarding the applicant the Good Conduct Medal (2nd Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 23 September 1996 through 22 September 1999.

4.  On 10 June 2003, the applicant was awarded the Gold Recruiter Badge and on 10 July 2003, he was awarded the Gold Recruiter Badge with one sapphire achievement star for the period 1 June 2003 to 28 June 2003.  

5.  On 10 August 2003, by memorandum, the U.S. Army Recruiting Command, Los Angeles, CA, awarded the applicant the Gold Recruiter Badge with two sapphire achievement stars for the period 1 July 2003 through 28 July 2003.

6.  On 10 August 2003, by memorandum, the U.S. Army Recruiting Command, Los Angeles, CA, erroneously awarded the applicant the Gold Recruiter Badge with three sapphire achievement stars for the period 1 June 2003 through 28 July 2003.

7.  On 30 September 2003, by memorandum, the U.S. Army Recruiting Command, Los Angeles, CA, awarded the applicant the Gold Recruiter Badge with three sapphire achievement stars for the period 1 August 2003 through 15 September 2003.  

8.  On 8 October 2008, Headquarters, 3rd Battalion, 7th Special Forces Group (Airborne), Fort Bragg, NC, published Orders Number 282-13, awarding the applicant the Good Conduct Medal (4th Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 22 September 2005 through
21 September 2008.

9.  On 25 October 2008, the U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, NC, published Permanent Order 298-06, awarding the applicant the Good Conduct Medal (4th Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 23 September 2005 through 22 September 2008.

10.  On 22 July 2009, Headquarters, 3rd Battalion, 7th Special Forces Group, Fort Bragg, NC, published two sets of orders as follows:

	a.  Orders 203-2, revoking Permanent Order Number 282-13, issued by Headquarters, 3rd Battalion, 7th Special Forces Group (Airborne), Fort Bragg, NC, on 8 October 2008, awarding the applicant the Good Conduct Medal (4th Award); and 

	b.  Orders 203-3, revoking Permanent Order 193-85, issued by the 502nd Personnel Services Battalion, Fort Hood, TX, on 12 July 1999, awarding the applicant the Good Conduct Medal (2nd Award).

11.  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.  

12.  Table 2-1 of this regulation shows that award orders (including badges and tabs) are filed in the performance portion of the OMPF.   Paragraph 2-4 contains guidance on changing the OMPF.  It indicates, in pertinent part, that the Army Board for Correction of Military Records (ABCMR) may direct removal or movement of documents filed in the OMPF in the interest of justice or equity.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Army Basic and/or Gold Recruiter Badge.  The Army Gold Recruiter Badge is authorized for wear by eligible personnel meeting the criteria established by the CG, USAREC [U.S. Army Recruiting Command].  One, two, or three sapphire achievement stars may be awarded to eligible personnel meeting the criteria established for each achievement star by the CG, USAREC.  These stars will be affixed to the gold badge.  Authority for permanent wear of the Gold Recruiter Badge, with or without sapphire achievement stars, for eligible personnel as a permanent part of the uniform will be announced by memorandum issued by recruiting battalion commanders as authorized by the CG, USAREC.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that duplicate documents 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 was issued two sets of orders awarding him his second award of the Good Conduct Medal for the same period of service.  The existence of these two orders is a detractor that sticks out as soon as his records are reviewed and may give the appearance that he is neglecting to review his OMPF.  There is no harm to the Army or to the Soldier if the duplicate and the revocation order are removed from his OMPF.

4.  The evidence of record also shows that the applicant was issued two sets of orders awarding him his fourth award of the Good Conduct Medal for the same period of service.  Again, there is no harm to the Army or to the Soldier if the duplicate order and the revocation order are removed from his OMPF.

5.  The evidence of record shows that the applicant was issued a memorandum on 10 August 2003 awarding him the Gold Recruiter Badge with three sapphire achievement stars for the period 1 June 2003 through 28 July 2003.  This memorandum was in error as he was previously issued a memorandum awarding him the Gold Recruiter Badge with two sapphire achievement stars for the same period.  Again, there is no harm to the Army or to the Soldier if this memorandum is removed from his 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:

	a.  removing Permanent Order 193-85, issued by the 502nd Personnel Services Battalion, Fort Hood, TX, dated 12 July 1999, and removing Orders
203-3, issued by Headquarters, 3rd Battalion, 7th Special Forces Group (Airborne), Fort Bragg, NC, dated 22 July 2009, from his OMPF; 

	b.  removing Permanent Order 282-13, issued by Headquarters, 3rd Battalion, 7th Special Forces Group (Airborne), Fort Bragg, NC, dated 8 October 2008, and removing Orders 203-2, issued by the same Headquarters, dated 22 July 2009, from his OMPF; and

	c.  removing the memorandum, issued by the U.S. Army Recruiting Command, Los Angeles, CA, dated 10 August 2003, awarding the applicant the Gold Recruiter Badge with three sapphire achievement stars for the period
1 June 2003 through 28 July 2003, 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.

ABCMR Record of Proceedings (cont)                                         AR20090011540



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ABCMR Record of Proceedings (cont)                                         AR20090011540



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