IN THE CASE OF:  	  

		BOARD DATE:  21 April 2015  	  

		DOCKET NUMBER:  AR20150000522 


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, removal of Permanent Orders (PO) 224-006, dated 11 August 2008, from his official military personnel file (OMPF). 

2.  The applicant states PO Number 224-006, awarding him an Army Good Conduct Medal, currently listed under the commendatory section of his performance file, is erroneous.  He had insufficient time in service to receive the award.  According to Army Regulation 600-8-22 (Military Award), paragraph 4-7a, he is ineligible to receive this award.  His initial term of service was from 10 May 2001 to 29 December 2005.  He received an Army Good Conduct Medal for the period covering 2001 to 2004.  He reentered the Army in February 2008 and received the above mentioned orders just six months after reentering military service.  His break in service was more than 24 months, which deems that period ineligible for considerations towards the award.

3.  The applicant does not provide any additional evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 10 May 2001 and he held military occupational specialty 98C (Signal Intelligence Analyst).

2.  His OMPF contains a certificate awarding him the Army Good Conduct Medal (1st Award) for the period 10 May 2001 through 9 May 2004. 

3.  He was discharged from active duty with a general discharge on 29 December 2005.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded, among other awards, the Army Good Conduct Medal. 

4.  After a break in service (over 24 months), he enlisted in the RA for 6 years on 27 February 2008.  He was advanced to sergeant (SGT)/E-5 on 1 June 2001 and he also reenlisted in the RA for 5 years on 11 July 2013.  He was promoted to staff sergeant/E-6 on 1 February 2014.

5.  His OMPF contains: 

	a.  PO 224-006, issued by the 277th Aviation Battalion, Fort Drum, NY, on 11 August 2008, awarding him the Army Good Conduct Medal (2nd Award) for the period of service 10 May 200X (the year is unclear) through 9 May 2007. 

	b.  PO 058-011, issued by the 277th Aviation Battalion, Fort Drum, NY, on 27 February 2012, awarding him the Army Good Conduct Medal (2nd Award) for the period of service 1 February 2008 through 31 January 2011.

	c.  PO Number 334-57, issued by Headquarters, Task Force Nightmare, Afghanistan on 8 December 2013, awarding him the Army Good Conduct Medal (3rd Award) for the period of service 1 February 2011 through 31 January 2014. 

6.  Army Regulation 600-8-22 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	a.  Paragraph 4-5 states any one of the following periods of continuous enlisted active Federal military service qualifies for award of the Army Good Conduct Medal: Each 3 years completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; for first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year; and for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.  

	b.  Paragraph 4-7a states the qualifying periods of service must be continuous enlisted active Federal military service.  When an interval in excess of 24 hours occurs between enlistments, that portion of service before the interruption is not creditable toward an award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 10 May 2001 to 29 December 2005. He qualified for and was awarded the Army Good Conduct Medal (1st Award) based on completion of 3 consecutive years of active service.  He was discharged on 29 December 2005. 

2.  More than 24 months later, he enlisted in the Regular Army for 6 years in February 2008 and reenlisted for 5 years in July 2013.  For unknown reasons, upon his reentry in 2008, his unit issued PO 224-006 awarding him the Army Good Conduct Medal (2nd Award) for the period 10 May 200X through 9 May 2007.  The same unit issued a second PO (058-011) awarding him the Army Good Conduct Medal (2nd Award) for the period 1 February 2008 through 31 January 2011.

3.  PO Number 224-006 was clearly issued in error because it included a period of service during which the applicant was not on active duty and despite having had a break in service in excess of 24 months.  The error is further compounded with the filing of this erroneous order in his OMPF. 

4.  The existence of this erroneous order is a detractor that stands out as soon as his records are reviewed and may give the appearance that he is neglecting to review his OMPF.  The erroneous order should be revoked and removed from his OMPF.  Further, extra measures should be taken to ensure the revocation orders are not 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 the evidence presented is 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.  revoking Permanent Orders 224-006 issued by Headquarters, 277th Aviation Battalion, Fort Drum, NY, on 11 August 2008;

	b.  removing Permanent Orders 224-006 from his OMPF; and

	c.  ensuring the revocation orders are not filed in 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)                                         AR20150000522





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ABCMR Record of Proceedings (cont)                                         AR20150000522



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