BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20100000039 


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, that the orders erroneously awarding him four Good Conduct Medals and the revocation orders be purged from his official records.

2.  The applicant states that his record contains four orders erroneously awarding him the Good Conduct Medal and four orders that subsequently revoked the erroneously issued awards.  He believes the retention of these documents in his file may create confusion and an unfavorable impression in the future.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 30 July 1992 under the Delayed Entry Program.  On 8 July 1993, he enlisted in the Regular Army and served without a break in service until he was honorably separated on 29 June 2002.  His DD Form 214 shows he completed 8 years, 11 months, and 22 days of continuous active service with no prior inactive service.  It also shows his awards include two Good Conduct Medals.

2.  The applicant again enlisted on 26 March 2007, for 4 years, and reenlisted on 12 November 2008, for an indefinite period.  

3.  His 2008 DD Form 4, at block 7 (Previous Military Service Upon Enlistment/Reenlistment), shows 10 years, 7 months and 8 days of prior active military service and 11 months, and 8 days of prior inactive service.

4.  The applicant's records contain the following orders awarding him the Good Conduct Medal:

	a.  502nd Personnel Services Battalion Permanent Orders 297-40, dated 23 October 1996, awarded the Good Conduct Medal (1st award) for the period
8 July 1993 through 7 July 1996;

	b.  502nd Personnel Services Battalion Permanent Orders 161-75, dated 10 June 1999, awarded the Good Conduct Medal (2nd award) for the period       8 July 1996 through 7 July 1999;

	c.  509th Personnel Services Battalion Permanent Orders 18-801, dated 18 January 2000, awarded the Good Conduct Medal (2nd award) for the period 8 July 1996 to 7 July 1999;

	d.  Joint Communications Support Element (Airborne) Permanent Orders 
205-01, dated 24 July 2009, awarded the Good Conduct Medal (1 award) for the period 4 April 1998 through 3 April 2001;

	e.  Joint Communications Support Element (Airborne) Permanent Orders 
205-02, dated 24 July 2009, awarded the Good Conduct Medal (2nd award) for the period 4 April 2001 through 3 April 2004; and

	f.  Joint Communications Support Element (Airborne) Permanent Orders 
205-03, dated 24 July 2009, awarded the Good Conduct Medal (3rd award) for the period 4 April 2004 through 3 April 2007;

5.  The applicant's records also contain the following orders from the Joint Communications Support Element (Airborne) revoking the erroneously awarded Good Conduct Medals:

   a.  Permanent Orders 259-01, dated 16 September 2009, revoked Permanent Orders 18-801, dated 18 January 2000;

	b.  Permanent Orders 259-02, dated 16 September 2009, revoked Permanent Orders 205-01, dated 24 July 2009;



	c.  Permanent Orders 259-03, dated 16 September 2009, revoked Permanent Orders 205-02, dated 24 July 2009; and

	d.  Permanent Orders 259-04, dated 16 September 2009, revoked Permanent Orders 205-03, dated 24 July 2009.

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.  Qualifying periods of service must be continuous enlisted active Federal military service. When an interval in excess of 24 hours occurs between enlistments, that portion of service before the interruption is not creditable towards an award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record contains four erroneously awarded Good Conduct Medals and orders revoking the four erroneous awards that should be removed from his record.  He believes these documents may create confusion and an unfavorable impression of his record in the future.

2.  Permanent Orders 297-40 and Permanent Orders 161-75 appropriately awarded the applicant the first and second awards of the Good Conduct Medal.

3.  His third qualification period commenced on the date of his 26 March 2007 enlistment.  He is not entitled to consideration for award of the Good Conduct Medal for the period between 29 June 2002 and 25 March 2007 because he was not serving in an active duty status.

4.  While the actions taken to revoke the erroneous award of the Good Conduct Medals were correct, there is nothing on the revocation orders to indicate why these medals were revoked.  Without a careful review of his periods of enlistment, the retention of these orders may reflect negatively on his record in the future. 

5.  Therefore, it would be appropriate to purge the applicant's record of both the erroneous award orders and the revocation orders, which is a total of eight documents.

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 purging his record of the following permanent orders:  

	a.  509th Personnel Services Battalion Permanent Orders 18-801, dated 18 January 2000; and

	b.  Joint Communications Support Element (Airborne) Permanent Orders 
205-01, dated 24 July 2009; Permanent Orders 205-02, dated 24 July 2009;
Permanent Orders 205-03, dated 24 July 2009; Permanent Orders 259-01, dated 16 September 2009; Permanent Orders 259-02, dated 16 September 2009; 
Permanent Orders 259-03, dated 16 September 2009; and Permanent Orders
259-04, dated 16 September 2009.



      _______ _   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)                                         AR20100000039



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ABCMR Record of Proceedings (cont)                                         AR20100000039



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