PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:                24 October 2002
	DOCKET NUMBER:       AR2002073980

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen A. Heinz		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 Permanent Orders 192-35, dated 2 November 1993, which revoked the first award of the Good Conduct Medal, be removed from his Official Personnel Military File (OMPF).  

3.  The applicant states that the first award of the Good Conduct Medal was revoked because it was sent to him before he completed three years of qualifying service.  He also states that he received the Good Conduct Medal in July 1996 as a correction to the Good Conduct Medal he received in 1993.  He requests the revocation award to be removed from his permanent records.  He states that the error was found at Division records in 2000.  In support of his application, he submits five orders awarding him Good Conduct Medals and one revocation order.

4.  The applicant’s military records show that he initially served in the U.S. Marine Corps from July 1985 to December 1989.  He enlisted in the Army on 19 January 1990 and completed training as a food service specialist.  He has continued to serve on active duty through a series of reenlistments and is currently assigned to Fort Campbell, Kentucky, in the rank of staff sergeant.

5.  The applicant provided a copy of Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart Permanent Orders Number 192-34, dated 2 November 1993.  These orders awarded him the first award of the Good Conduct Medal for the period 19 January 1990 to 18 January 1993.

6.  Records show that Permanent Orders Number 192-34, dated 2 November 1993, were placed in the commendatory data section of the applicant's OMPF.

7.  The applicant also provided a copy of Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart Permanent Orders Number 192-35, dated 2 November 1993, which revoked the applicant's first award of the Good Conduct Medal.  

8.  Records show that Permanent Orders Number 192-35, dated 2 November 1993, were placed in the service computation data section of the applicant's OMPF.

9.  Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart published Permanent Orders Number 208-149, dated 26 July 1996, which awarded the applicant the first award of the Good Conduct Medal for the period 19 January 1990 to 18 January 1993.

10.  Army Regulation 600-8-104 (Military Personnel Information Management and Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by:  the Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the first award of the Good Conduct Medal for the period 19 January 1990 to 18 January 1993 based on Permanent Orders Number 192-34, dated 2 November 1993.

2.  The applicant's records contain Permanent Orders Number 192-35, dated 2 November 1993, which revoked his first award of the Good Conduct Medal. 

3.  The applicant's records also contain Permanent Orders Number 208-149, dated 26 July 1996, which restored the first award of the Good Conduct Medal originally awarded to the applicant by Permanent Orders Number 192-34, dated 2 November 1993.

4.  The Board noted that the original award of the Good Conduct Medal to the applicant was valid and properly authorized by Permanent Orders Number 192-34, dated 2 November 1993.

5.  Based on the foregoing, the Board determined:

	a.  Permanent Orders Number 192-34, dated 2 November 1993, properly awarded the applicant the first award of the Good Conduct Medal at the time in question.  

	b.  Permanent Orders Number 192-35, dated 2 November 1993, erroneously revoked the applicant's first award of the Good Conduct Medal and, therefore, these orders should be expunged from his records.

	c.  Permanent Orders Number 208-149, dated 26 July 1996, erroneously restored his first award of the Good Conduct Medal and, therefore, these orders should be expunged from his records.

6.  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:

a.  by expunging Permanent Orders Number 192-35, dated 2 November 1993, from the OMPF of the individual concerned; and

b.  by expunging Permanent Orders Number 208-149, dated 26 July 1996, from his OMPF.

BOARD VOTE:  

RVO____  BJE_____  KAH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2002073980	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021024	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	134.0000	
2.		
3.		
4.		
5.		
6.