IN THE CASE OF:
BOARD DATE: 16 February 2010
DOCKET NUMBER: AR20100022616
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 Army Good Conduct Medal (AGCM) orders from his record.
2. The applicant states initially he was awarded the AGCM in orders, dated
10 December 2008, and those orders were revoked in orders published on
5 January 2009. He claims although this was a harmless error based on incorrect qualifying service periods, there is no explanation for the revocation and he believes this shines a bad light on his performance. He requests that the award orders and the revocation orders be removed from his record since they should not exist and have the potential to harm his career.
3. The applicant provides the following documents in support of his application:
* AGCM Award Orders, dated 10 December 2008
* AGCM Revocation Orders, dated 6 January 2009
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 8 September 2008
CONSIDERATION OF EVIDENCE:
1. The applicants record shows while a member of the United States Army Reserve (USAR) he enlisted in the Regular Army on 9 September 2008. He is currently serving on active duty in the rank of sergeant first class (SFC)/E-7).
2. The record shows the applicant was awarded the AGCM (2nd Award) for the period 15 August 2004 through 14 August 2007, while a member of the USAR serving on active duty.
3. The applicants Official Military Personnel File (OMPF) contains Headquarters, United States Army Infantry Center, Fort Benning, Georgia Permanent Orders 345-5091, dated 10 December 2008. These orders awarded the applicant the AGCM (3rd Award) for the period 20 December 2006 through
19 December 2008.
4. The OMPF also contains Headquarters, United States Army Infantry Center, Fort Benning, Georgia Orders 6-5001, dated 6 January 2009. These orders revoked Headquarters, United States Army Infantry Center, Fort Benning, Georgia Permanent Orders 345-5091, dated 10 December 2008.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years.
6. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, Military Personnel Records Jacket, Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states, in pertinent part, that once a document is placed in the OMPF it becomes a permanent part of that file unless the OMPF custodian removes documents that have been improperly filed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his OMPF contains erroneous AGCM orders that should be removed was carefully considered and found to have merit.
2. By regulation, the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a normal 3 year qualifying period of active enlisted service.
3. The evidence of record confirms the applicant was awarded the AGCM
(2nd Award) for the qualifying active duty period ending on 14 August 2007.
4. The record further shows the applicant was erroneously awarded the 3rd award of the AGCM for the period 20 December 2006 through 19 December 2008 in orders issued at Fort Benning on 10 December 2008 and these orders were subsequently appropriately revoked in orders issued at Fort Benning on
9 January 2009. Accordingly, since the AGCM (3rd Award) orders were erroneous and revoked by proper authority it would be appropriate and in the interest of equity to remove these orders from the applicant's OMPF to provide clarity in his record.
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 removing the following orders from his OMPF:
a. Headquarters, United States Army Infantry Center, Fort Benning, Georgia Permanent Orders 345-5091, dated 10 December 2008; and
b. Headquarters, United States Army Infantry Center, Fort Benning, Georgia Orders 6-5001, dated 6 January 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) AR20100022616
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