IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110018203
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, in effect, the removal of Permanent Orders 190-012, issued by Headquarters, Special Troops Battalion - Korea, dated 10 July 2009, awarding him the Army Good Conduct Medal (4th Award) for the period
23 September 1998 to 22 September 2001 from his Official Military Personnel File (OMPF).
2. He states:
* an erroneous award of the Army Good Conduct Medal was placed in his OMPF covering a period of time he was not serving in the military
* the Army Good Conduct Medal period covers 23 September 1998 to 22 September 2001
* the battalion S-1 section was derelict in conducting monthly reviews for award of the Army Good Conduct Medal for their Soldiers
* the S-1 section generated this Army Good Conduct Medal order and placed it into his OMPF without confirming or validating the information
3. He provides no additional documents.
CONSIDERATION OF EVIDENCE:
1. At the time the applicant submitted his application, he was serving in the Regular Army in the rank/grade of sergeant first class (SFC)/E-7.
2. The applicant enlisted in the Regular Army on 17 August 1989 and he continued to serve on active duty through two reenlistments.
3. His service record contains orders which show he was awarded the:
a. Army Good Conduct Medal (1st Award) for the period 17 August 1989 to 16 August 1992 by Permanent Orders 93-10, issued by Headquarters, U.S. Army Element, Allied Command Europe, dated 8 September 1992;
b. Army Good Conduct Medal (2nd Award) for the period 17 August 1992 through 16 August 1995 by Permanent Orders 170-00122, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 19 June 1995; and
c. Army Good Conduct Medal (3rd Award) for the period 17 August 1995 to 16 August 1998 by Permanent Order B261-61, issued by Headquarters, 25th Infantry Division, Schofield Barracks, HI, dated 22 September 1998.
4. The applicant was honorably discharged from the Regular Army on 29 April 2000 at the completion of required active service.
5. After a break in service, he enlisted in the U.S. Army Reserve (USAR) on 2 October 2004.
6. A review of his OMPF on the interactive Personnel Electronic Records Management System (iPERMS) revealed two orders awarding him the Army Good Conduct Medal (4th Award):
* Permanent Orders 190-012, dated 10 July 2009, for the period 23 September 1998 to 22 September 2001
* Permanent Orders 333-01, dated 29 November 2010, for the period 2 October 2007 to 1 October 2010
7. He was discharged from the USAR on an unknown date.
8. On 21 June 2010, he enlisted in the Regular Army for an indefinite period.
9. Army Regulation 600-8-104 (Military Personnel Information Management/ Records), provides in Table 2-1 (Composition of the OMPF) that award orders are filed in the Commendatory and Disciplinary portion of the OMPF. This regulation also 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 Army Board for Correction of Military Records (ABCMR).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Army Good Conduct Medal (4th Award) by Permanent Orders 190-012, dated 10 July 2009, for the period 23 September 1998 to 22 September 2001. However, he was not serving in the military during a portion of this period of qualifying service
(29 April 2000 to 22 September 2001).
2. There is a viable reason for removing Permanent Orders 190-012, dated 10 July 2009, from the applicant's OMPF. These orders offer no relevant information regarding the applicant's service, conduct, or duty performance. Moreover, removing this erroneous order would eliminate the potential for confusion to officials authorized to review the performance section of the applicant's OMPF.
3. Permanent Orders 333-01 were published on 29 November 2010 which awarded him the Army Good Conduct Medal (4th Award) for the period 2 October 2007 to 1 October 2010 and is filed in his OMPF. His service record is void of evidence which indicates he was serving on active duty during a portion of the period covered by these orders. It appears he was also erroneously awarded the Army Good Conduct Medal (4th Award) for the period covered by these orders.
4. Although it appears that an administrative error was made in the issuance of Permanent Orders 333-01, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.
For this reason, the Board will not take any action to effect the removal of Permanent Orders 333-01 from his OMPF at this time.
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 revoking and removing Permanent Orders 190-012, dated 10 July 2009, from the applicant's OMPF and iPERMS file and ensuring the revocation orders are not filed.
__________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) AR20110018203
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ABCMR Record of Proceedings (cont) AR20110018203
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