IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110022509
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 the erroneous Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss Permanent Orders 200-11 (Army Good Conduct Medal (1st Award)) from his Official Military Personnel File (OMPF).
2. He states these orders are erroneous due to incorrect dates.
3. He provides a copy of Orders Number 200-11.
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's military records show he enlisted in the Regular Army on 30 September 1997.
3. He has served continuously through reenlistments. Based on his records he would have been eligible for the Army Good Conduct Medal (1st Award) for the period 30 September 1997 through 29 September 2000.
4. His records in the interactive Personnel Electronic Records Management System (iPERMS) contain two orders for his first award of the Army Good Conduct Medal as shown below:
* Permanent Orders 200-11, dated 18 July 2000, for the period 29 August 1997 through 28 August 2000
* Permanent Orders 87-2, dated 28 March 2001, for the period 30 September 1997 through 29 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.
6. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes what forms and documents are to be filed in the OMPF and where they are to be filed. It further 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 ABCMR.
DISCUSSION AND CONCLUSIONS:
1. He enlisted on 30 September 1997. Permanent Orders Number 87-2, dated 28 March 2001, awarding him the Army Good Conduct Medal for the period 30 September 1997 through 29 September 2000, appear to be correct as published and should be retained in his OMPF.
2. Permanent Orders 200-11, dated 18 July 2000, awarding him the Army Good Conduct Medal for the period 29 August 1997 through 28 August 2000 covers a period of time in part when he was not on active duty. Therefore, this was an administrative error and holds no historical value in documenting the applicant's military career. As such, it is appropriate to revoke these orders, remove them from his OMPF, and not file the revocation orders in his OMPF.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 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 200-11, dated 18 July 2000, from his OMPF in iPERMS and not filing the revocation orders in iPERMS.
_______ _ 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) AR20110022509
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