IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100022409
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 a duplicate award order for the Army Good Conduct Medal.
2. The applicant states his official military personnel file (OMPF) contains two award orders for his first award of the Army Good Conduct Medal for the exact same period of active duty service. He states Permanent Order 363-004 should be removed and Permanent Order Number 264-311 should be left within his OMPF.
3. The applicant did not provide any documentary evidence with his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in Regular Army on 2 October 1996 for a 3-year period of service. He completed his initial entry training and was awarded military occupational specialty (MOS) 19K (Armor Crewman). He is still a member of the Regular Army serving in MOS 88N (Transportation Management Coordinator) in the rank of sergeant first class in pay grade E-7.
3. By Permanent Orders 363-004, the applicant was awarded the Army Good Conduct Medal (1st Award) for his period of service from 2 October 1996 to1 October 1999. This order was issued by Detachment D, 38th Personnel Services Battalion on 29 December 1999.
4. By Permanent Order 264-311, the applicant was award the Army Good Conduct Medal (1st Award) for his period of service from 2 October 1996 to 1 October 1999. This order was issued by Detachment C, 15th Personnel Services Battalion on 20 September 2000.
5. 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. As with all personal decorations, approval through the chain of command and announcement in orders are required. Revocation of an award will be announced in permanent orders and Department of the Army General Orders, when award is published in Department of the Army General Orders.
DISCUSSION AND CONCLUSIONS:
1. Based on the evidence of record, the applicant has two permanent orders announcing award of the Army Good Conduct Medal (1st Award) for his period of service from 2 October 1996 to 1 October 1999. These two permanent orders were published by two separate commands on 29 December 1999 and 20 September 2000 respectively.
2. While the applicant requested removal of Permanent Order 363-004 published on 29 December 1999, this award order is correct as published.
3. As he is entitled to only one award of the Army Good Conduct Medal for his period of service from 2 October 1996 to 1 October 1999, it would be appropriate to revoke Permanent Order Number 264-311, dated 20 September 2000, for it was erroneously published.
In addition, after revocation orders are published Permanent Order 264-311 should be removed from and the revocation order should not be filed in his OMPF, and they should be returned to him.
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 publishing orders revoking Permanent Order Number 264-311 and then removing from his OMPF Permanent Order Number 264-311 and ensuring the revocation orders are not filed in his OMPF, and forwarding these orders to him.
_______ _ 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) AR20100022409
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ABCMR Record of Proceedings (cont) AR20100022409
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