IN THE CASE OF:	

		BOARD DATE:	  06 May 2010

		DOCKET NUMBER:  AR20090015161 


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 permanent orders that were authorized by 1-507th Corps Support Battalion (Provisional) from his Official Military Personnel File (OMPF):

* Permanent Orders Number 130-002, dated 1 November 2006
* Permanent Orders Number 130-003, dated 1 November 2006
* Permanent Orders Number 326-001, dated 22 November 2006
* Permanent Orders Number 326-002, dated 22 November 2006

2.  In addition the applicant requests removal of his Central Texas College transcript from his OMPF. 

3.  The applicant states, in effect, the subject orders awarding him the second and third Army Good Conduct Medal have incorrect dates or the period of service is duplicated.  The applicant further states that his first Central Texas College transcript is not legible and it is not an official transcript; therefore, it should be removed from his OMPF.

4.  The applicant provides a Central Texas College transcript, prepared on 
23 February 2008, and a 27th Engineer Battalion (Combat)(Airborne) memorandum, dated 11 May 2009.




CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army on
8 July 1997 and he continues to serve on active duty.

2.  The applicant’s OMPF contains:

   a.  Bravo Detachment, 18th Personnel Services Battalion Permanent Orders Number 255-48, dated 11 September 2000, awarding him the Army Good Conduct Medal (1st Award) for the period 8 July 1997 through 7 July 2000;

	b.  1-507th Corps Support Battalion (Provisional):

   (1)  Permanent Orders Number 130-002, dated 1 November 2006, 
awarding him the Army Good Conduct Medal (2nd Award) for the period 
8 June 2000 through 9 June 2003 and 10 June 2003 through 11 June 2003;

   (2)  Permanent Orders Number 130-003, dated 1 November 2006,
awarding him the Army Good Conduct Medal (3rd Award) for the period 8 June 2000 through 9 June 2003 and 10 June 2003 through 11 June 2003;

   (3)  Permanent Orders Number 326-001, dated 22 November 2006, 
awarding him the Army Good Conduct Medal (2nd Award) for the period 8 June 2000 through 9 June 2003; and

   (4)  Permanent Orders Number 326-002, dated 22 November 2006, 
awarding him the Army Good Conduct Medal (3rd Award) for the period 9 June 2003 through 10 June 2006.

3.  The orders in paragraphs 2b(1) through 2b(4) above show incorrect periods of service.

4.  The applicant's records show that, on an unknown date, he forwarded a legible copy of his official academic transcript from Central Texas College, Killeen, Texas to be filed in his OMPF.  The transcript was received by the Human Resources Command (HRC), Indianapolis and it is filed in the Performance "P" section of his OMPF.

5.  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.

6.  Chapter 2 of Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs the composition of the OMPF, and states in pertinent part that the performance section is used for filing performance, commendatory and disciplinary data.  Once placed in the OMPF, the document becomes a permanent part of that file.  The document will not be removed from or moved to another part of the OMPF unless directed by certain agencies, to include this Board.  Table 2-1 of Army Regulation 600-8-104 states, in pertinent part, that all enlisted Soldiers’ transcripts of credit from civilian colleges, universities, trade schools, or business schools are filed in the permanent section of the Performance section on the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the following orders from 1-507th Corps Support Battalion (Provisional) awarding him the second and third Army Good Conduct Medal be removed from his OMPF.  

* Permanent Orders Number 130-002, dated 1 November 2006, 
* Permanent Orders Number 130-003, dated 1 November 2006
* Permanent Orders Number 326-001, dated 22 November 2006
* Permanent Orders Number 326-002, dated 22 November 2006

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 8 July 1997 and remains on active duty at present; his order for the first award of the Army Good Conduct Medal for the period 8 July 
1997 through 7 July 2000 is correct.  Subsequent awards should have been awarded for the following periods:  8 July 2000 through 7 July 2003 (2nd Award) and 8 July 2003 through 7 July 2006 (3rd Award).

3.  All of the erroneous Army Good Conduct Medal orders should be revoked and the erroneous orders removed from the applicant's OMPF.  Then new orders should be published using the correct periods of service as indicated.



4.  The applicant’s contention and concern over his college transcript in question is noted.  However, once a document is placed in the OMPF, it becomes a permanent part of that file.  The OMPF is an unbroken record of a Soldier's service, conduct, duty performance, and evaluation periods.  There is no evidence to suggest that the document in question is unreadable, filed in error, nor is there any evidence that it has adversely affected the applicant’s career.  Therefore, the transcript is filed properly on the OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  revoking 1-507th Corps Support Battalion (Provisional):  

* Permanent Orders Number 130-002, dated 1 November 2006, 
* Permanent Orders Number 130-003, dated 1 November 2006
* Permanent Orders Number 326-001, dated 22 November 2006
* Permanent Orders Number 326-002, dated 22 November 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 him the Army Good Conduct Medal for the following periods:  8 July 2000 through
7 July 2003 (2nd Award) and 8 July 2003 through 7 July 2006 (3rd Award).





2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removing a college transcript from his OMPF.  



      _______ _   X_______   ___
       	   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)                                         AR20090015161



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ABCMR Record of Proceedings (cont)                                         AR20090015161



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