IN THE CASE OF:
BOARD DATE: 01 June 2010
DOCKET NUMBER: AR20090020541
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 the 19 July 2008 orders for his second award of the Army Good Conduct Medal be removed from his official military personnel file (OMPF).
2. The applicant states:
* he was awarded two different Army Good Conduct Medals for what appears to be the same period
* the 19 July 2008 orders contain incorrect information (wrong Social Security Number (SSN), rank, and dates of service)
* the correct orders are dated 30 September 2008 and have been posted to his OMPF
* the correction cannot be done locally due to the fact the orders are not "exact" copies
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 May 2002. He is currently serving on active duty in the rank of staff sergeant.
2. Orders, dated 11 October 2004, show the applicant was promoted to sergeant on 1 November 2004.
3. Orders, dated 22 March 2006, show the applicant received the first award of the Army Good Conduct Medal for the period 14 May 2002 to 13 May 2005.
4. Headquarters, 204th Brigade Support Battalion, 2nd Brigade Combat Team 4th Infantry Division, Permanent Orders 232-041, dated 19 July 2008, show the applicant was awarded the second award of the Army Good Conduct Medal for the period 13 May 2005 to 12 May 2008. These orders contain an incorrect SSN and show his rank as specialist. These orders have not been revoked.
5. Headquarters, 204th Brigade Support Battalion, 2nd Brigade Combat Team, 4th Infantry Division, Permanent Orders 274-007, dated 30 September 2008, show the applicant was awarded the second award of the Army Good Conduct Medal for the period 14 May 2005 to 13 May 2008.
6. A review of the applicant's performance section of his OMPF and military personnel records jacket on the Personnel Electronic Records Management System revealed a copy of the 19 July 2008 and 30 September 2008 Army Good Conduct Medal orders.
7. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policies, operating tasks, and steps governing the OMPF. Table 2-1 of this Army regulation shows that award orders are filed in the performance section of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The regulatory guidance is to file award orders in the performance section of the OMPF.
2. However, there is a viable reason for revoking and removing Headquarters, 204th Brigade Support Battalion, 2nd Brigade Combat Team, 4th Infantry Division, Permanent Orders 232-041, dated 19 July 2008, from the applicant's OMPF. These orders contain incorrect information (i.e., SSN, rank, and dates of service) and offer no relevant information regarding the applicant's service, conduct, or duty performance. Moreover, revoking and removing them would eliminate the potential for confusion by officials authorized to review the performance section of the applicant's 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. revoking Headquarters, 204th Brigade Support Battalion, 2nd Brigade Combat Team 4th Infantry Division, Permanent Orders 232-041, dated 19 July 2008; and
b. removing Headquarters, 204th Brigade Support Battalion, 2nd Brigade Combat Team 4th Infantry Division, Permanent Orders 232-041, dated 19 July 2008, from his OMPF and ensuring that the revocation orders are not filed in 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) AR20090020541
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