PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 June 2002
	DOCKET NUMBER:   AR2002071364

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater 		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		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, in effect, that an erroneous Army Good Conduct Medal (AGCM) order be removed from his record.  

3.  The applicant states, in effect, that Permanent Orders (PO) Number (#) 
42-40, dated 11 March 1993, issued by the 5th Personnel Service Company, 
Fort Polk, Louisiana, be removed for his official military personnel file (OMPF).  He claims that this order was erroneously published and that his total active service does not entitle him to award of the 6th award of the AGCM.  Also, the rank listed on the permanent order is incorrect.  In support of his application, he submits copies of the correct permanent orders that awarded him the AGCM through the 5th Award, a copy of the erroneous AGCM order, and a copy of his Personnel Qualification Record (DA Form 2-1).

4.  The applicant’s military records show that on 1 July 1986, he enlisted in the Army for 3 years and he has continuously served on active duty since that date.  He is currently serving in the rank of staff sergeant/E-6 (SSG/E-6) and is assigned to Fort Bliss, Texas.

5.  The applicant’s Official Military Personnel File (OMPF) shows that he was awarded five awards of the AGCM for the following periods of service: 1 July 1986 to 30 June 1989; 1 July 1989 to 30 June 1992; 1 July 1992 to 30 June 1995; 1 July 1995 to 30 June 1998: and 1 July 1998 to 30 June 2001.  PO # 
42-40, dated 11 March 1993, issued by 5th Personnel Service Company, Fort Polk, Louisiana, is also on file in the OMPF.  This order awarded the applicant the AGCM (6th Award) for the period of service from 11 April 1988 to 10 April 1992.  However, this order incorrectly lists the applicant’s rank as master sergeant/E-8.  

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 4 prescribes the policy for award of the AGCM and it states that this award is for awarded for a period of exemplary behavior, efficiency, and fidelity in active Federal military service for each 3 year qualifying period. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that PO # 42-40, dated 11 March 1993, issued by 5th Personnel Service Company, Fort Polk, Louisiana, that awarded him the AGCM (6th Award) is erroneous and should be removed from his OMPF, and it finds this claim has merit.

2.  The evidence of records confirms that the applicant has continuously served on active duty from 1 July 1986 through the present.  It also verifies that commensurate with his total active service, he has been appropriately awarded five awards of the AGCM and that authorizing orders for these awards are on file in his OMPF.  

3.  The Board notes that the PO # 42-40 contains an incorrect rank for the applicant in the standard name line, an incorrect period for the award, and the fact that it authorizes the applicant the 6th Award of the AGCM, to which he is not entitled based on his years in service.  Therefore, the Board concludes that PO # 42-40 was obviously published as a result of an administrative error and that it should be removed from his OMPF at this time. 

4.  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 removing Permanent Orders Number 42-40, dated 11 March 1993, issued by 5th Personnel Service Company, Fort Polk, Louisiana, that awarded the applicant the AGCM (6th Award), for the period of service from 11 April 1988 to 
10 April 1992, from the OMPF of the individual concerned.  

BOARD VOTE:  

__JLP___  ___BJE__  __TL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Jennifer L. Prater___
		        CHAIRPERSON

INDEX

CASE ID	AR2002071364	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/21	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	134.0000	
2.		
3.		
4.		
5.		
6.