IN THE CASE OF:    

		BOARD DATE:  3 March 2015	   

		DOCKET NUMBER:  AR20150000030


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:

	a.  the removal from his Official Military Personnel File (OMPF) of one of two duplicate orders that awarded him the Army Good Conduct Medal (AGCM)     (1st Award) for the period 11 July 1990 through 10 July 1993; and  

	b.  the removal from his OMPF of the following orders that awarded him the 3rd, 5th, and 6th awards of the AGCM, which he contends cite incorrect periods:

* Headquarters, 2nd Stryker Cavalry Regiment Permanent Orders    342-007, dated 8 December 2006 (AGCM 3rd Award)
* Headquarters, 2nd Stryker Cavalry Regiment Permanent Orders    201-004, dated 20 July 2009 (AGCM 5th Award)
* Headquarters, U.S. Army Installation Management Command, U.S Army Garrison, Fort Rucker Permanent Orders 117-092, dated 26 April 2012 (AGCM 6th Award)

	c.  the addition to his OMPF of the following orders as replacements for the removed orders:

* Headquarters, 2nd Cavalry Regiment Permanent Orders 344-003, dated 10 December 2014 (AGCM 3rd Award)
* Headquarters, 2nd Cavalry Regiment Permanent Orders 344-004, dated 10 December 2014 (AGCM 5th Award)
* Headquarters, 2nd Cavalry Regiment Permanent Orders 344-005, dated 10 December 2014 (AGCM 6th Award)

2.  The applicant states two AGCM (1st Award) orders were submitted for inclusion in his OMPF, covering the same period but containing different order numbers.  His 3rd award of the AGCM was created with erroneous dates, thereby creating a chain reaction and confusion in the subsequent awards.

3.  The applicant provides:

* Headquarters, National Training Center (NTC) and Fort Irwin Permanent Orders 90-46, dated 26 August 1993 (AGCM 1st Award)
* Headquarters, NTC and Fort Irwin Permanent Orders 31-60, dated 4 April 1994 (AGCM 1st Award)
* Headquarters, 2nd Stryker Cavalry Regiment Permanent Orders 342-007, dated 8 December 2006 (AGCM 3rd Award)
* Headquarters, 2nd Stryker Cavalry Regiment Permanent Orders 201-004, dated 20 July 2009 (AGCM 5th Award)
* Headquarters, U.S. Army Installation Management Command, U.S Army Garrison, Fort Rucker Permanent Orders 117-092, dated 26 April 2012 (AGCM 6th Award)
* Headquarters, 2nd Cavalry Regiment Permanent Orders 344-003, dated 10 December 2014 (AGCM 3rd Award)
* Headquarters, 2nd Cavalry Regiment Permanent Orders 344-004, dated 10 December 2014 (AGCM 5th Award)
* Headquarters, 2nd Cavalry Regiment Permanent Orders 344-005, dated 10 December 2014 (AGCM 6th Award)

CONSIDERATION OF EVIDENCE:

1.  On 11 July 1990, the applicant enlisted in the Regular Army.  He has served through numerous periods of reenlistment and or extension in positions of increased responsibility and has attained the rank of sergeant first class.

2.  His OMPF contains the following orders that awarded him the AGCM, listed chronologically by order date:

* Headquarters, NTC and Fort Irwin Permanent Orders 90-46, dated 26 August 1993 (AGCM 1st Award, for the period 11 July 1990 to 10 July 1993)
* Headquarters, NTC and Fort Irwin Permanent Orders 31-60, dated 4 April 1994 (AGCM 1st Award, for the period 11 July 1990 to 10 July 1993)
* Detachment A, 90th Personnel Service Battalion (PSB) Permanent Orders 131-12, dated 4 November 1996 (AGCM 2nd Award, for the period 11 July 1993 to 10 July 1996)
* Detachment B, 22nd PSB Orders 195-133, dated 14 July 2003 (AGCM 4th Award, for the period 11 July 1999 to 10 July 2002)
* Headquarters, U.S. Army Installation Management Command, U.S. Army Garrison, Fort Rucker Permanent Orders 117-092, dated 26 April 2012 (AGCM 6th Award, for the period 2 July 2009 to 1 July 2012)

His OMPF does not contain orders that awarded him the 3rd and 5th awards of the AGCM.

3.  Army Regulation 600-8-22 (Military Awards) provides 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.  This period is 3 years, except in those cases when the period of the first award ends with the termination of a period of Federal military service.  Following the first award of the AGCM, subsequent awards must meet the 3-year threshold of qualifying service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

4.  Army Regulation 600-8-104 (Army Military Human Resource Record Management) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.  It provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  The Army Board for Correction of Military Records may direct the removal or movement of documents filed in the OMPF in the interest of justice or equity.

DISCUSSION AND CONCLUSIONS:

1.  The purpose of maintaining the OMPF is to protect the interests of both the Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods, and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

2.  The applicant's initial award period for the AGCM (1st Award) was 11 July 1990 to 10 July 1993.  His OMPF contains duplicate orders that awarded him the AGCM (1st Award) for this timeframe.  The existence of the duplicate order is a detractor that stands out as soon as his records are reviewed and may give the impression that he is neglecting to review his OMPF.  Therefore, it would be appropriate to remove the latter of the two orders, specifically, Headquarters, NTC and Fort Irwin Permanent Orders 31-60, dated 4 April 1994.

3.  His OMPF contains orders that awarded him the 2nd, 4th, and 6th awards of the AGCM; however, it does not contain orders that awarded him the 3rd and 5th awards of the AGCM.  

4.  The orders that awarded him the 2nd and 4th awards of the AGCM appear to be correct; however, the period cited in the 6th award order (2 July 2009 to 1 July 2012) is inconsistent with the period cited in prior awards and appears to be incorrect.  Therefore, this order (Permanent Order 117-092) should be removed from his OMPF.

5.  The applicant provides 3 permanent orders (344-003, 344-004, and 344-005), each dated 10 December 2014, which awarded him the 3rd, 5th, and 6th awards of the AGCM.  Since these orders cite the correct periods of service and are not included in his OMPF, they should be added.  

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.  removing the following orders from the performance folder of his OMPF:

* Headquarters, NTC and Fort Irwin Permanent Orders 31-60, dated      4 April 1994;
* Headquarters, U.S. Army Installation Management Command, U.S. Army Garrison, Fort Rucker Permanent Orders 117-092, dated 26 April 2012
   b.  adding Headquarters,  2nd Cavalry Regiment Permanent Orders 344-003, 344-004, and 344-005, each dated 10 December 2014, to the performance folder of 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)                                         AR20130021934



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ABCMR Record of Proceedings (cont)                                         AR20150000030



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