BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100022606
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 duplicate orders awarding him the Army Good Conduct Medal (1st Award) from his official military personnel file (OMPF).
2. The applicant states his OMPF contains duplicate orders awarding him the first award of the Army Good Conduct Medal. The first award of the Army Good Conduct Medal was submitted with erroneous dates and a later award was submitted with the correct dates. However, the first award is still in his OMPF.
3. The applicant provides his Enlisted Record Brief, Permanent Orders 62-02, Permanent Orders 093-0017, and Permanent Orders 187-04.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army (RA) staff sergeant who holds military occupational specialty 25B (Information Systems Operator-Analyst) and he is serving with the Joint Communications Support Element, MacDill Air Force Base, FL. He initially enlisted in the RA on 21 September 1995 and subsequently executed a series of extensions and/or reenlistments in the RA.
2. On 23 March 1999, Headquarters (HQ), 29th Signal Battalion, Fort Lewis, WA, published Permanent Orders 62-02 [the contested orders] awarding him the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 21 September 1995 through 22 September 1998 (a period of 3 years and 2 days).
3. On 3 April 2003, HQ, U.S. Army Signal Center, Fort Gordon, GA, published Permanent Orders 093-0017 awarding him the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 21 September 1995 through 20 September 1998. Presumably these orders were published to correct the ending date for the Army Good Conduct Medal (1st Award) to cover only the 3-year period.
4. On 6 July 2010, Joint Communications Support Element, published Permanent Orders 187-04, revoking Permanent Orders 62-02 [the contested orders], issued by HQ, 29th Signal Battalion, pertaining to the Army Good Conduct Medal (1st Award) for the period 21 September 1995 through 22 September 1998.
5. Both sets of orders awarding him the Army Good Conduct Medal (1st Award) are filed in his OMPF as is the revocation order published by the Joint Communications Support Element.
6. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table 2-1 shows that award orders (including badges and tabs) are filed in the performance portion of the OMPF. Paragraph 2-4 contains guidance on changing the OMPF and specifies that the Army Board for Correction of Military Records may direct removal or movement of documents filed in the OMPF in the interest of justice or equity.
DISCUSSION AND CONCLUSIONS:
1. The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier. In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods and any corrections to other parts of the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.
2. The evidence of record shows the applicant was issued two orders awarding him the first award of the Army Good Conduct Medal for overlapping periods of service. The existence of these two orders is a detractor that stands out as soon as his records are reviewed and may give the appearance that he is neglecting to review his OMPF. Since the erroneously-issued orders were revoked, there is no harm to the Army or to the Soldier if the erroneously-issued orders and the revocation orders are removed from his OMPF.
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 is 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 removing from his OMPF Permanent Orders 62-02 issued by HQ, 29th Signal Battalion, and Permanent Orders 187-04 issued by the Joint Communications Support Element.
__________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) AR20100022606
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ABCMR Record of Proceedings (cont) AR20100022606
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