PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 April 2002                   
	DOCKET NUMBER:   AR2002067898

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 the orders revoking his award of the Army Good Conduct Medal (AGCM) 3d award be removed from his Official Military Personnel File (OMPF).

3.  The applicant states that the order awarding him the AGCM 3d award is filed in his OMPF and also the order revoking the order awarding it to him.  Orders for the AGCM 4th award are also filed in his OMPF.

4.  The applicant’s military records show that he enlisted in the Regular Army on 13 September 1988.  He was awarded the AGCM 1st and 2d awards for the periods 13 September 1988 through 12 September 1991 and 13 September 1991 through 12 September 1994, respectively.

5.  Permanent Orders (PO) 021-04, Detachment C, 38th Personnel Services Battalion dated 21 January 1998 awarded the applicant the AGCM 3d award for the period 13 September 1994 through 12 September 1997.  PO 070-02, Detachment C, 38th Personnel Services Battalion dated 11 March 1998 revoked these PO 021-04.  

6.  PO 256-156, 5th Personnel Services Battalion dated 12 September 2000 awarded the applicant the AGCM 4th award for the period 13 September 1997 through 12 September 2000.

7.  The applicant was awarded the Army Achievement Medal for the period       15 March through 30 June 1997 and the Army Commendation Medal for the period 16 July 1996 through 15 July 1999.

8.  In the processing of this case, an advisory opinion was obtained from the     U. S. Army Enlisted Records and Evaluation Center.  That office noted that there was nothing derogatory in the applicant’s records to explain the revocation of the 3d award of the AGCM and noted that he was subsequently awarded the AGCM 4th award.  That office recommended removing PO 070-02 dated 11 March 1998 from the applicant’s OMPF.

9.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

CONCLUSIONS:

1.  The Board notes that there is nothing derogatory in the applicant’s OMPF to explain why his AGCM 3d award was revoked and notes that he was awarded the Army Achievement Medal and the Army Commendation Medal for periods of service overlapping the period of his AGCM 3d award.  

2.  Since the applicant was subsequently awarded the AGCM 4th award for the next appropriate 3-year period of service, the Board concludes that Permanent Orders 070-02 dated 11 March 1998 revoking the AGCM 3d award were issued in error.  Therefore, it would be appropriate to revoke PO 070-02, Detachment C, 38th Personnel Services Battalion dated 11 March 1998 and remove PO 070-02 from his OMPF, thereby reinstating PO 021-04, Detachment C, 38th Personnel Services Battalion dated 21 January 1998 awarding him the AGCM 3d award as a valid order.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by revoking PO 070-02, Detachment C, 38th Personnel Services Battalion dated 11 March 1998 and removing PO 070-02 from the applicant’s OMPF,

BOARD VOTE:  

__fne___  __bje___  __reb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067898	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.