IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20130009177
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 Permanent Order 161-009, dated 10 June 2010, awarding her the Army Good Conduct Medal (5th award) from her Army Military Human Resource Record (AMHRR).
2. The applicant states Permanent Order 161-009 was erroneously submitted by mistake, is a duplicate award, and needs to be removed.
3. The applicant provides:
* Permanent Order 161-009
* Permanent Order 106-12
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank/grade of first sergeant/E-8.
2. Permanent Order 136-5, dated 16 May 2007, awarded the applicant the Army Good Conduct Medal (4th award) for the period 24 May 2004 through 23 May 2007. These orders are filed in her AMHRR.
3. The applicant provides and her record contains Permanent Order 106-12, dated 16 April 2010, which awarded the applicant the Army Good Conduct Medal (5th award) for the period 24 May 2007 through 23 May 2010. These orders are filed in her AMHRR.
4. The applicant provides and her record contains Permanent Order 161-009, dated 10 June 2010, which awarded the applicant the Army Good Conduct Medal (5th award) for the period 22 May 2007 through 23 May 2010. These orders are filed in her AMHRR with her social security number written on the document.
5. Army Regulation 600-8-22 (Military Awards) provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
6. Army Regulation 600-8-104 (Army Military Human Resource Records Management), provides in table 2-1 (Composition of the AMHRR) that award orders are filed in the commendatory and disciplinary portion of the AMHRR. This regulation also provides that once filed, such documents become a permanent part of the AMHRR and may only be removed by one of several agencies, one of which is the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to remove Permanent Order 161-009, dated 10 June 2010, which awarded her the Army Good Conduct Medal (5th award) from her AMHRR has been carefully considered and found to have merit.
2. The evidence of record clearly shows that contrary to regulatory guidance, the applicant received award of the Army Good Conduct Medal (5th award) and later received the same award for essentially the same time period. Based on the dates of the Army Good Conduct Medal (4th award), it would be appropriate to maintain Permanent Order 106-12 and remove Permanent Order 161-009. Therefore, she is entitled to the requested relief.
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 Permanent Orders 161-009, dated 10 June 2010, which awarded her the Army Good Conduct Medal (5th award) from her AMHRR.
___________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) AR20130009177
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