IN THE CASE OF:	

		BOARD DATE:	  10 March 2009

		DOCKET NUMBER:  AR20090001786 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, removal of Permanent Order 292-05, dated 19 October 2005, for award of the Good Conduct Medal (1st Award) from his official military personnel file (OMPF).

2.  The applicant states, in effect, that Permanent Order 292-05 shows incorrect dates of service.  From 2001 until 2005, he and his younger brother were both stationed at Fort Irwin, California, and they both were serving as sergeants, pay grade E-5.  When his battalion S-1 saw his name on the roster as being due a Good Conduct Medal, the dates of service were accidentally pulled from the records of his younger brother and used to issue him the award.  The award was returned for correction before it was awarded, but he has been unable to get the corrected award placed in his file because they will not let him submit awards with the same award number on them.

3.  The applicant provides no additional documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Army Delayed Entry Program on 9 November 1995.  He enlisted in the Regular Army in pay grade E-1 on 27 June 1996.  He is currently serving on active duty in the rank of staff sergeant, pay grade E-6.

2.  The applicant's military records located on the Integrated Personnel Electronic Records Management System contain Permanent Orders 217-7, dated 5 August 1999, awarding him the Good Conduct Medal (1st Award) for the period from 27 June 1996 to 26 June 1999.

3.  The applicant's records also contain Permanent Order 292-05, dated 19 October 2005, awarding him the Good Conduct Medal (1st Award) for the period from 20 June 2000 to 19 June 2003.

4.  The applicant's records further contain General Orders Number 2262, dated 20 May 1967, awarding the Air Medal to several Soldiers for their service during the Vietnam War.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policy and procedures for maintenance of a Soldier's personal information.  Paragraph 2-4a states that once placed in the OMPF, a document becomes a permanent part of that file.  The document will not be removed from an OMPF or moved to another part of the OMPF unless directed by, among other agencies, the Army Board for the Correction of Military Records (ABCMR) or the OMPF custodian when documents have been improperly filed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Good Conduct Medal (1st Award) for the period from 27 June 1996 through 26 June 1999.  His OMPF also contains Permanent Order 292-05, dated 19 October 2005, again awarding him the first award of the Good Conduct Medal based on an administrative error.

2.  In view of the circumstances in this case, the applicant is entitled to have Permanent Order 292-05, dated 19 October 2005, revoked and then removed from his OMPF.

3.  In the processing of this case it was also noted that the applicant's OMPF contained General Orders Number 2262, dated 20 May 1967, for award of the Air Medal.  It appears that these orders were improperly filed in the applicant's OMPF due to an administrative error.  Therefore, at this time he is also entitled to removal of General Orders Number 2262 from his OMPF.

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

BOARD VOTE:

___x____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.   revoking Permanent Order 292-05, dated 19 October 2005; and

     b.  removing Permanent Order 292-05, dated 19 October 2005 (and ensuring the order revoking this order is not filed in his OMPF), and General Orders Number 2262, dated 20 May 1967, from the applicant's OMPF.



      __________x_______________
       	     CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080014384



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001786



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1