IN THE CASE OF:
BOARD DATE: 13 May 2010
DOCKET NUMBER: AR20100008006
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 from her Official Military Personnel File (OMPF) the duplicate set of orders awarding her the third award of the Good Conduct Medal (GCMDL).
2. The applicant states there should only be one set of GCMDL orders for each 3-year period. However, her OMPF has two separate GCMDL orders for the same time period. She believes the Personnel Services Battalion (PSB) simply made an administrative error and issued two orders.
3. The applicant provides copies of an email message and two GCMDL orders. The email message is from an OMPF records official in response to her inquiry. The message provides instructions to the applicant to have her S-1 or PSB revoke the duplicate order. It also advises her that the duplicate and revocation orders will both be filed in her OMPF, unless she applies to the Army Board for Correction of Military Records (ABCMR) to have them removed and her request is approved.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted and entered active duty in the Regular Army on 9 July 1998. She has served continuously on active duty to the present.
2. A review of the applicant's records shows the following GCMDL orders are filed in the performance portion of her OMPF:
a. Headquarters, 556th PSB, Permanent Orders 199-319, dated 18 July 2001, that awarded her the GCMDL (1st Award) for the period of service from
9 July 1998 to 8 July 2001.
b. Headquarters, U.S. Army Signal Center and Fort Gordon, Permanent Orders 145-0011, dated 24 May 2004, that awarded her the GCMDL
(2nd Award) for the period of service from 9 July 2001 to 8 July 2004.
c. Headquarters, U.S. Army Garrison, Fort George G. Meade, Maryland, Permanent Orders 173-10, dated 22 June 2007, that awarded her the GCMDL (3rd Award) for the period of service from 9 July 2004 to 8 July 2007.
d. Headquarters, U.S. Army Garrison, Fort George G. Meade, Maryland, Permanent Orders 211-04, dated 30 July 2007, that awarded her the GCMDL (3rd Award) for the period of service from 9 July 2004 to 8 July 2007.
3. There are no orders or other evidence in the applicant's OMPF to show that either of the orders awarding her the GCMDL (3rd Award) were revoked.
4. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. 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.
b. Paragraph 1-19 (Duplication of awards) provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
c. Paragraph 1-28 (Announcement of revocation of awards) provides that revocation of an award will be announced in permanent orders and Department of the Army General Orders (DAGO), when the award is published in a DAGO.
5. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policies, operating tasks, and steps governing the OMPF. Depending on the purpose, documents will be filed in the OMPF in one of three sections: performance, service, or restricted. Once placed in the OMPF, the document becomes a permanent part of that file. Table 2-1 (Composition of the OMPF) shows that award orders are filed in the performance portion of the OMPF. Orders revoking award orders are also filed in the performance portion of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the duplicate set of orders awarding her the Good Conduct Medal (3rd Award) that are filed in her OMPF should be removed.
2. Two separate permanent orders awarded the applicant the third award of the GCMDL for the same period of service.
3. The Military Awards regulation states that only one decoration will be awarded to an individual for the same period of meritorious service. It also shows that revocation of an award will be announced in permanent orders.
4. It is clear that an administrative error was made when the second permanent order was issued awarding the applicant a duplicate award of the GCMDL
(3rd Award). There is no evidence that either of the permanent orders in question have been revoked. Therefore, it would be appropriate to revoke the second (duplicate) order that was issued awarding the applicant the GCMDL
(3rd Award) for the same period of service.
5. In order to fully correct the applicant's records, it would be appropriate to remove the duplicate award order from her OMPF. In addition, the order revoking the duplicate order should not be filed in her 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, U.S. Army Garrison, Fort George G. Meade, Maryland, Permanent Orders 211-04, dated 30 July 2007; and
b. removing Headquarters, U.S. Army Garrison, Fort George G. Meade, Maryland, Permanent Orders 211-04, dated 30 July 2007, and the related revocation order from her 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) AR20100008006
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ABCMR Record of Proceedings (cont) AR20100008006
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