IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100026842 


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 removal of duplicate orders awarding him the Army Good Conduct Medal (1st Award) from his official military personnel file (OMPF).

2.  The applicant states his OMPF contains duplicate orders awarding him the first award of the Army Good Conduct Medal.

3.  The applicant provides:

* Permanent Orders 349-06, dated 15 December 2003
* Permanent Orders 070-08, dated 10 March 2004

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army (RA) staff sergeant who entered active duty on a 6-year enlistment on 24 January 2001.  He currently holds military occupational specialty 31D (Criminal Investigation Special Agent) and he is assigned to Fort Leonard Wood, MO.

2.  On 15 December 2003, Headquarters, 1st Squadron, 17th Cavalry, Fort Bragg, NC, published Permanent Orders 349-06, awarding him the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 25 January 2001 through 24 January 2004.

3.  On 10 March 2004, the same headquarters, published Permanent Orders 070-08 awarding him the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity in active Federal military service from 24 January 2001 through 23 January 2004.

4.  Both orders are filed in his OMPF.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.  Chapter 2 provides detailed guidance and instructions regarding the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 shows that award orders (including badges and tabs) are filed in the performance portion of the OMPF.  Paragraph 2-4 contains specific guidance on changing the OMPF.  It provides that the Army Board for Correction of Military Records may direct removal or movement of documents filed in the OMPF in the interest of justice or equity.

DISCUSSION AND CONCLUSIONS:

1.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

2.  The evidence of record shows the applicant was issued two orders awarding him the first award of the Army Good Conduct Medal for the same period of service.  The existence of these two orders is a detractor that stands out as soon as his records are reviewed and may give the appearance that he is neglecting to review his OMPF.  The duplicate orders should be revoked and removed from his OMPF.  Further, extra measures should be taken to ensure the revocation orders are not filed in his OMPF.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Orders 349-06 issued by Headquarters,
1st Squadron, 7th Cavalry, Fort Bragg, NC, on 15 December 2003;

	b.  removing Permanent Orders 349-06 from his OMPF; and

	c.  ensuring the revocation orders are not filed in his 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)                                         AR20100026842



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ABCMR Record of Proceedings (cont)                                         AR20100026842



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