IN THE CASE OF:	 

		BOARD DATE:	 10 May 2011 

		DOCKET NUMBER:  AR20110001909 


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 his Official Military Personnel File (OMPF) the duplicate set of orders awarding him the first award of the Good Conduct Medal (GCMDL).

2.  The applicant states that there are two orders in his records showing award of the GCMDL (1st Award).  He has been told he must submit a request to the Army Board for Correction of Military Records (ABCMR) to have one of the orders removed from his files.

3.  The applicant provided copies of orders for the GCMDL (2d Award) and
(5th award).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 October 1994 and 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 his OMPF:

	a.  Permanent Orders 262-01, 1st Battalion, 37th Field Artillery, Fort Lewis, WA, dated 27 September 1997, that awarded him the GCMDL (1st Award) for the period  21 October 1994 to 20 October 1997.  
   b.  Permanent Orders 311-01, 1st Battalion 37th Field Artillery, Fort Lewis, WA, dated 7 November 1997, that awarded him the GCMDL (1st Award) for the period 21 October 1994 to 20 October 1997.

     c.  The applicant provided Permanent Orders 026-01, 1st Battalion, 37th Field Artillery, Fort Lewis, WA, dated 30 January 2001, which awarded him the GCMDL (2d Award) for the period 21 October 1997 to 20 October 2000.  

   d.  Permanent Orders 363-001, Detachment C, 55th Personnel Services Battalion, dated 29 December 2003, that awarded him the GCMDL (3rd Award) for the period 21 October 2000 to 20 October 2003.

   e.  Permanent Orders 316-01, Charlie Battery, 1st Battalion, 17th Field Artillery, dated 12 November 2006, that awarded him the GCMDL (4th Award) for the period 21 October 2003 to 20 October 2006.

     f.  The applicant provided Permanent Orders 294-031, Headquarters Detachment, United States Army Fires Center of Excellence, Fort Sill, OK, dated 21 October 2009, which awarded him the GCMDL (5th Award) for the period      21 October 2006 to 20 October 2009. 

3.  There are no orders or other evidence in the applicant's OMPF to show that either of the orders awarding him the GCMDL (1st 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 that all personnel information recorded under the authority of this regulation is the property of the United States Government.  Once recorded, it will not be removed except as provided by law or this regulation.  Types of authorized military personnel files are the OMPF, Military Personnel Records Jacket (MPRJ), Career Management Individual File (CMIF), and the Classified Personnel Record (CPR).  Once placed in the OMPF, the document becomes a permanent part of that file.  The document will not be removed from a section or moved to another part of the OPMF unless directed by one of several entities, including the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  Two separate permanent orders awarded the applicant the first award of the GCMDL for the same period of service.  The earlier one was superseded because the applicant did not leave active duty.

2.  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.

3.  There is no available evidence that the first permanent order awarding him the GCMDL (1st Award) was revoked when he elected to remain in the Army.   Therefore, it would be appropriate to revoke Permanent Orders 262-01, 1st Battalion, 37th Field Artillery, Fort Lewis, WA, dated 27 September 1997.  

4.  As the applicant provided copies of the orders for the GCMDL (2d Award and (5th Award) it would be appropriate to include these orders in his OMPF.

5.  In order to fully correct the applicant's records, it would be appropriate to remove the duplicate award order from his OMPF.  In addition, the order revoking the duplicate order should not be filed in his 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.  filing in his OMPF Permanent Orders 026-01, 1st Battalion, 37th Field Artillery, Fort Lewis, WA, dated 30 January 2001, which awarded him the GCMDL (2d Award) for the period 21 October 1997 to 20 October 2000, and Permanent Orders 294-031, Headquarters Detachment, United States Army Fires Center of Excellence, Fort Sill, OK, dated 21 October 2009, which awarded him the GCMDL (5th Award) for the period 21 October 2006 to 20 October 2009 in his OMPF, and 
   
   b.  revoking Permanent Orders 262-01, 1st Battalion, 37th Field Artillery, Fort Lewis, WA, dated 27 September 1997, and removing that order and the related revocation order from his 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)                                         AR20110001909



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