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ARMY | BCMR | CY2010 | 20100018197
Original file (20100018197.txt) Auto-classification: Approved

		

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100018197 


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 that his Official Military Personnel File (OMPF) be corrected by:

	a.  removing the following six permanent orders awarding him the Army Good Conduct Medal (AGCM): B069-26 for 2d award, B178-51 for 3d award, B178-52 for 4th award, 339-009 for 4th award, 147-39 for 5th award, 320-01 for 6th award; and

	b.  replacing them with the following six orders correcting or showing the correct dates of the award of the AGCM:  167-06 for the 2d award, B178-52 for the 3d award, 022-00008 for the 4th award, 167-09 for the 5th award, 167-07 for the 6th award, and 158-01 for the 7th award. 

2.  The applicant states the orders he was issued were incorrect; several of the awards have overlapping dates, were issued late, or have incorrect dates.

3.  The applicant provides copies of:

   a.  Headquarters (HQ), U.S. Army Armor Center and Fort Knox memorandum endorsement, dated 8 November 2000, amending his AGCM (3d Award);

   b.  HQ, U.S. Army Armor Center and Fort Knox Permanent Orders (PO) 
022-00008, dated 22 January 2001; and

   c.  HQ and Fort Bliss PO:
* 158-01, dated 7 June 2010
* 167-01, dated 16 June 2010
* 167-02, dated 16 June 2010
* 167-03, dated 16 June 2010
* 167-04, dated 16 June 2010
* 167-05, dated 16 June 2010
* 167-06, dated 16 June 2010
* 167-07, dated 16 June 2010
* 167-08, dated 16 June 2010
* 167-09, dated 16 June 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 7 February 1992 and he has served continuously through reenlistments since that time.  His records further show he completed initial entry training during a period of prior active service and he was awarded the military occupational specialty of tank turret mechanic.  He attained the rank of sergeant major/pay grade E-9.

2.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) contained in his OMPF in the interactive Personnel Electronic Records Management System (IPERMS) shows the initial award of the Army Good Conduct Medal.  The record of service data on this form is not legible.

3.  The applicant again enlisted on 7 February 1992.  He would have been eligible for the AGCM for the periods:

* 2d Award 7 February 1992 through 6 February 1995
* 3d Award 7 February 1995 through 6 February 1998
* 4th Award 7 February 1998 through 6 February 2001
* 5th Award 7 February 2001 through 6 February 2004
* 6th Award 7 February 2004 through 6 February 2007
* 7th Award 7 February 2007 through 6 February 2010

4.  The following orders awarded him the AGCM for the periods shown below:

* HQ and Fort Bliss PO 167-06, dated 16 June 2010, (2d Award) 7 February 1992 through 6 February 1995
* HQ, U.S. Army Armor Center and Fort Knox PO 022-00008, dated 22 January 2001, (4th Award) 7 February 1998 through 6 February 2001
* HQ and Fort Bliss PO 167-09, dated 16 June 2010, (5th Award) 7 February 2001 through 6 February 2004
* HQ and Fort Bliss PO 167-07, dated 16 June 2010, (6th Award) 7 February 2004 through 6 February 2007
* HQ and Fort Bliss PO 158-01, dated 7 June 2010, (7th Award) 7 February 2007 through 6 February 2010

5.  His records in iPERMS) contain numerous other orders awarding the AGCM for invalid periods of eligibility and/or orders/memoranda revoking/amending those orders:

* PO B069-26, dated 10 March 1995, AGCM (2d Award) for the period 7 February 1992 to 8 February 1995, revoked by HQ and Fort Bliss PO 167-01, dated 16 June 2010
* PO B178-51, dated 27 June 1995, AGCM (3d Award) for the period 8 February 1988 to 7 February 1991, revoked by HQ and Fort Bliss PO 167-04, dated 16 June 2010
* PO B178-52, dated 27 June 1995, AGCM (4th Award) for the period 8 February 1991 to 7 February 1994, revoked by HQ and Fort Bliss PO 167-03, dated 16 June 2010
* HQ, U.S. Army Armor Center and Fort Knox memorandum endorsement, dated 8 November 2000, amending PO B178-52 to read as his AGCM (3d Award) for the period 7 February 1995 to 6 February 1998
* PO 147-39, dated 27 May 1997, AGCM (5th Award) for the period 7 February 1994 to 6 February 1997, revoked by HQ and Fort Bliss PO 167-08, dated 16 June 2010
* PO 339-009, dated 5 December 2003, AGCM (4th Award) for the period 7 February 1994 to 6 February 1997, revoked by HQ and Fort Bliss PO 167-02, dated 16 June 2010,
* HQ and Fort Bliss PO 167-02, dated 16 June 2010, revoked HQ, 2d Brigade Combat Team, 82nd Airborne Division Orders 320-01 AGCM (6th Award)
* HQ and Fort Bliss PO 167-0, dated 16 June 2010, revoked Charlie Detachment, 15th Personnel Services Battalion, Fort Hood Orders Number 339-009, dated 5 December 2003, AGCM (4th Award)

6.  Army Regulation 600-8-22 (Military Awards) states 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.

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes what forms and documents are to be filed in the OMPF and where they are to be filed.  It further provides that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted on 7 February 1992.  The following PO awarded him the AGCM for the periods of service for which he would have been eligible.  As such, it would be appropriate to ensure the following orders are filed in iPERMS:

* HQ and Fort Bliss PO 167-06, (2d Award) 7 February 1992 through 6 February 1995
* HQ, U.S. Army Armor Center and Fort Knox PO 022-00008, (4th Award) 7 February 1998 through 6 February 2001
* HQ and Fort Bliss PO 167-09, (5th Award) 7 February 2001 through 6 February 2004
* HQ and Fort Bliss PO 167-07, (6th Award) 7 February 2004 through 6 February 2007
* HQ and Fort Bliss PO 158-01, (7th Award) 7 February 2007 through 6 February 2010

2.  His records in iPERMS contain numerous other orders awarding the AGCM for invalid periods of eligibility and/or orders/memoranda revoking/amending those orders.  In the interest of clarity, it would be appropriate to remove the following documents from his record in iPERMS:

* PO B069-26
* PO B178-51
* PO B178-52
* PO 339-009
* PO 147-39
* PO 320-01
* HQ, U.S. Army Armor Center and Fort Knox memorandum endorsement amending PO B178-52
* the following revocation orders: PO 167-01, PO 167-02, PO 167-03, PO 167-04, PO 167-05, and PO 167-08

3.  HQ and Fort Bliss PO 167-03 revoked PO B178-52, AGCM (3d Award) and PO B178-52 is to be removed from his records in IPERMS.  As such, it would be appropriate to correct his records by issuing an AGCM (3d Award) for the period 7 February 1995 to 6 February 1998 and filing this award in his OMPF in IPERMs.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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.  awarding him the AGCM (3d Award) for the period 7 February 1995 to 6 February 1998;

	b.  Ensuring the following orders are filed in iPERMS to include the AGCM (3d Award) from paragraph a above:

* PO 167-06
* PO 022-00008
* PO 167-09
* PO 167-07
* PO 158-01; and

	c.  Removing the following documents from his record in iPERMS:

* PO B069-26
* PO B178-51
* PO B178-52
* PO 339-009
* PO 147-39
* PO 320-01
* the following revocation orders: PO 167-01, PO 167-02, PO 167-03, PO 167-04, PO 167-05, and PO 167-08
* HQ, U.S. Army Armor Center and Fort Knox memorandum endorsement, dated 8 November 2000, amending PO B178-52



      _______ _   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)                                         AR20100018197



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100018197



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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