PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 July 2001                   
	DOCKET NUMBER:   AR2001055167

	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		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Official Military Personnel File (OMPF) be corrected by correcting the discrepancies in his Army Good Conduct Medal (AGCM) orders.  He also requests correction of his Record of Military  Processing – Armed Forces of the United States, DD Form 1966/5, to show he was never arrested.

3.  The applicant states that three permanent orders (POs) concerning his AGCM should be removed from his OMPF and his fifth award should be added.  He states that he answered “yes” to the two questions regarding whether he had he ever been arrested, charged, or cited (including traffic violations) but realizes now that his answers were only incidental.

4.  The applicant’s military records show that he enlisted in the Regular Army on 6 May 1985.  On his DD Form 1966/5, in the section concerning involvement with police or judicial authorities, he answered “yes” to two questions and explained them by indicating that he received a speeding ticket in May 1982 for which he was fined and that he received a warning ticket for violating the seat belt law in July 1984.  The instructions for completing this section were to include all incidents with law-enforcement authorities even if the citation or charge was dropped or dismissed or the individual was found not guilty or had been told by recruiting personnel or anyone else that the incident was not important enough to list.

5.  The applicant was awarded the AGCM 1st award for the period 6 May        1985 – 5 May 1988 on PO 56-3 dated 31 March 1988.  He was awarded the AGCM 2d award for the period 6 May 1988 – 5 May 1991 on PO 115-80 dated 30 August 1994.  He was awarded AGCM 3d award for the period 6 May      1991 – 5 May 1994 on PO 114-3 dated 29 August 1994 (this is not a typographical error).  He was awarded the AGCM 4th award on PO 178-002 dated 27 June 1997 for the (erroneous) period 7 May 1994 – 6 May 1997.  He was awarded the AGCM 5th award on PO 202-157 dated 21 July 2000 for the period 6 May 1997 – 5 May 2000.  However, two sets of PO 202-157 were available.  One set indicated the award was the 4th award; the other set indicated the award was the (correct) 5th award.  Apparently, the incorrect set was filed on his OMPF.  

6.  Also on file on the applicant’s OMPF was PO 118-43 dated 6 September 1994.  This PO revoked PO 115-81 dated 30 August 1994.  PO 115-81 was not filed on his OMPF.

7.  In the processing of this case, an advisory opinion was obtained from the     U. S. Army Enlisted Records and Evaluation Center (USAEREC).  USAEREC noted that two of the POs (PO 118-42 and PO 115-81) which the applicant 

requested be removed from his records were not filed on his OMPF.  USAEREC noted that PO 178-002 had the incorrect period for the AGCM 4th award.  USAREC also noted that the correct PO 202-157, awarding him the AGCM 5th award, was filed on his OMPF.  USAEREC recommended that PO 118-43 dated 6 September 1994 and PO 202-157 dated 21 July 2000 (the one that awarded him the AGCM 4th award) be removed from his OMPF.  USAEREC also recommended that his request pertaining to his DD Form 1966/5 be denied, noting that there is no basis to alter the document.

8.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He responded by once again requesting correction of his DD Form 1966/5.

9.  In accordance with Army Regulation 600-8-22, commanders are authorized to correct, by endorsement, minor errors appearing on awards orders published by other commanders.  If the error cannot be corrected by endorsement, it will be returned to the command which issued the erroneous order for correction.  

CONCLUSIONS:

1.  There are several errors regarding the applicant’s AGCM orders.  In accordance with the advisory opinion, it would be appropriate to remove PO    118-43 dated 6 September 1994 and the copy of PO 202-157 dated 21 July 2000 which awarded him the AGCM 4th award for the period 6 May 1997 – 5 May 2000 from his OMPF.

2.  There appears to be a minor error on PO 178-002 dated 27 June 1997 in that the dates of the AGCM qualifying period are one day off.  The applicant may contact his servicing personnel office to assist him in correcting these orders if he desires.

3.  There is no error on the applicant’s DD Form 1966/5.   The instructions for completing this section were to include all incidents with law-enforcement authorities no matter how minor.  The applicant properly did so.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by removing PO 118-43 dated 6 September 1994 and the copy of PO 202-157 dated 21 July 2000 which awarded the applicant the AGCM 4th award for the period 6 May 1997 – 5 May 2000 from his OMPF.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jns___  __mvt___  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001055167	
SUFFIX		
RECON		
DATE BOARDED	20010724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.