ABCMR Record of Proceedings (cont) AR20040010514
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 September 2005
DOCKET NUMBER: AR20040010514
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun / DirectorMs. Prevolia A. Harper / Analyst
The following members, a quorum, were present:
Mr. Ronald E. Blakely / ChairpersonMr. Lawrence Foster / Member
Ms. LaVerne M. Douglas / Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
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ABCMR Record of Proceedings (cont) AR20040010514
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests removal of duplicate awards of the Army Good Conduct Medal (AGCM).
2. The applicant states, in effect, that the following orders pertaining to the AGCM be removed from his records: Orders Number 152-3; Orders Number 303-00001 (revoking 152-3); Orders 243-00007 (revoking 150-3-which does not exist);Orders Number 313-00001 (revoking 243-00007); Orders Number69-009; and Orders Number 243-00008(revoking 69-009). The applicant further states that Orders Number 152-3 and Orders Number 69-009 should not have been issued.
3. The applicant provides:
a. Permanent Orders Number 152-3, 82nd Solider Support Battalion (Airborne), Fort Bragg, North Carolina.
b. Permanent Order Number 303-00001, United States Army Intelligence Center and Fort Huachuca.
c. Permanent Order Number 243-00007, United States Army Intelligence Center and Fort Huachuca.
d. Permanent Order 313-00001, United States Army Intelligence Center and Fort Huachuca.
e. Orders Number 69-009, 22nd Personnel Services Battalion, Fort Lewis, Washington.
f. Permanent Order Number 243-00008, United States Army Intelligence Center and Fort Huachuca.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army on 24 May 1996 for a period of 3 years. He was honorably separated from active service on 22 June 1999. He reenlisted in the Army 19 May 2000 and has served continuously on active duty.
2. The applicant’s Official Military Personnel File (OMPF) contains numerous awards including several awards for the AGCM.
3. Permanent Orders 152-3, 82nd Soldier Support Battalion (Airborne),
Fort Bragg, North Carolina, dated 1 June 1999 show the applicant was awarded the AGCM (1st Award) for the period 24 May 1996 to 23 May 1999.
4. Permanent Orders Number 200-00004, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, dated 18 July 2000 shows the applicant was awarded the AGCM for the period 24 May 1996 through 23 May 1999. This is a duplicate award covering the same period as Permanent Orders 152-3.
5. Orders Number 69-009, 22nd Personnel Services Battalion, Fort Lewis, Washington, dated 10 March 2003 shows the applicant was awarded AGCM (2nd Award) for the period 20 April 2000 to 19 April 2003.
6. Permanent Order Number 132-00026, United States Army Intelligence Center and Fort Huachuca, dated 12 May 2003 shows the applicant was awarded the AGCM (2nd Award) for the period 19 May 2000 to 20 May 2003. This award is a duplicate and overlaps the period of service for the previous award of the AGCM (2nd Award).
7. The applicant provided a copy of Permanent Order 243-00007 (these order are not in the available records), dated 30August 2004 which revoked Permanent Order 150-3 whichrefers to an incorrect permanent order number and should have read Permanent Order 152-3.
8. Permanent Order 243-00008, United States Army Intelligence Center and Fort Huachuca, dated 30 August 2004, revoked Order Number 69-009, dated 10 March 2003, pertaining to the AGCM (2nd Award).
9. Permanent Order Number 313-00001, United States Army Intelligence Center and Fort Huachuca, dated 8 November 2004 revoked Order Number 150-3 which does not exist (however it appears the incorrect order number was typed and may have been intended to read 152-3).
10. Permanent Order Number 303-00001, United States Army Intelligence Center and Fort Huachuca, date 29 October 2004, revoked Permanent Order Number 152-3, dated 1 June 1999 awarding the applicant the AGCM (1st Award).
11. Army Regulation 600-8-22 provides that the 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. The regulation states that after 27June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. Permanent Orders Number 152-3, dated 1 June 1999 shows applicant was awarded the AGCM (1st Award) for the period 25 May 1996 to 23 May 1999. However, Permanent Order 303-00001, dated 29 October 2004, essentially revoked this award.
2. Permanent Order 200-00004, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, dated 18 July 2000 awarded the AGCM for the
Period 24 May 1996 to 23 May 1999. It appears the applicant’s unit was not aware of his previous award of the AGCM (1st Award) at the time it was issued. However, his unit later rescinded Permanent Orders Number 152-3 and Permanent Order 200-00004 became the applicant’s first award of the AGCM.
3. Orders Number 69-009, dated 10 March 2003 awarded the applicant AGCM (2nd Award) for the period 20 April 2000 to 19 April 2003. However, documents in the applicant’s record shows his reenlistment date was effective 19 May 2000 and not 20 April 2000. Permanent OrdersNumber 243-00008 revoked these orders because the service dates was incorrect. Therefore, the applicant is entitled to have these documents removed from his records.
4. Permanent Orders 132-00026, dated 12 May 2003 awarded the applicant the AGCM (2nd Award) for the period 19 May 2000 to 20 May 2003. Therefore, these orders are correct.
5. Permanent Orders Number 313-00001, dated 8 November 2004, essentially revoked Order Number 243-00007, dated 30 August 2004 because it contained a reference to the incorrect order number.
6. Although the applicant’s command made mistakes with regard to his awards of the AGCM, efforts were made to correct these errors. While it is understandable that the applicant feels these documents should be removed because of the many revisions and revocations, and although understandably confusing, it provides a chronological history of the actions that have taken place with regard to these awards. Therefore, there is no basis for removing Orders Number 152-3, dated 1 June 1999.
BOARD VOTE:
______GRANT FULL RELIEF
__REB__ ___LF___ __LMD__ GRANT PARTIAL RELIEF
______GRANT FORMAL HEARING
______DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing Orders Number 69-009, dated 10 March 2003 and Permanent Orders Number 243-00008, dated 30 August 2004.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to removal of the Orders 152-3, Permanent Order 303-00001, Permanent Order 243-00007, dated 30 August 2004, and Permanent Order 313-00001, dated 29 October 2004
___Ronald E. Blakely___
CHAIRPERSON
INDEX
CASE ID / AR20040010514SUFFIX
RECON / YYYYMMDD
DATE BOARDED / 20050927
TYPE OF DISCHARGE / (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE / YYYYMMDD
DISCHARGE AUTHORITY / AR . . . . .
DISCHARGE REASON
BOARD DECISION / (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
1