| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Ms. Shirley Powell | Member | |
| Mr. Ted S. Kanamine | Member |
2. The applicant requests that the memorandum, dated 25 June 1997, disqualifying him from award of the Good Conduct Medal, be removed from his Official Military Personnel File (OMPF).
3. The applicant states that he received an honorable discharge during his enlistment. He states that he received three awards of the Army Achievement Medal to include an end of tour award for the period 15 August 1995 through 2 June 1997. He claims that the disapproval was signed six days after his expiration term of service and it did not state the reason for the disapproval. He states that his DD Form 214 shows he received a Good Conduct Medal. In support of his application, he submitted a copy of his separation orders, his DD Form 214 (Certificate of Release or Discharge from Active Duty), the memorandum disqualifying him from award of the Good Conduct Medal, and three award certificates for the Army Achievement Medal.
4. The applicant’s military records show that he enlisted in the Regular Army on 20 June 1994 for a period of three years. He completed infantry training and was assigned to Fort Carson, Colorado. The applicant was honorably released from active duty on 19 June 1997 in the rank of specialist.
5. In a 25 June 1997 memorandum from the company commander of the 1st Battalion (Mechanized), 8th Infantry at Fort Carson, Colorado, the applicant was informed that he was disqualified for award of the Good Conduct Medal for the period April 1994 through April 1997. The reason for the disqualification was not indicated on the memorandum. This memorandum was referred to the applicant for acknowledgement and rebuttal; however, the endorsement to this memorandum was not completed by the applicant.
6. In a second memorandum dated 25 June 1997, the applicant's company commander placed an "X" beside the statement: "Soldier is unavailable to sign. Disqualification stands."
7. Records show that the memorandum in question was placed in the Disciplinary Data Section on the applicant's OMPF.
8. Records also show that the memorandum in question was filed in the Permanent Section of the applicant's Military Personnel Records Jacket (MPRJ).
9. The applicant's DD Form 214 shows entitlement to award of the Army Good Conduct Medal.
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. Records show the applicant completed three years of active duty service from 20 June 1994 through 19 June 1997 and was separated with an honorable characterization of service.
2. The Board carefully reviewed the memorandum, dated 25 June 1997, disqualifying the applicant for award of the Good Conduct Medal for the period April 1994 through April 1997.
3. The Board noted that the period of the disqualification for award of the Good Conduct Medal is different from the dates the applicant served on active duty.
4. The Board noted that the memorandum does not state the reason for disqualification for award of the Good Conduct Medal.
5. The Board also noted that the memorandum is dated after the applicant was released from active duty.
6. Although the memorandum indicates that the applicant was disqualified for award of the Good Conduct Medal, his DD Form 214 shows the Good Conduct Medal as an authorized award.
7. Based on the foregoing, the Board has determined:
a. There is no authority for the unit commander to disqualify the applicant for award of the Good Conduct Medal after he was separated from active duty.
b. The unit commander has not stated a justification for disqualification as required by regulation.
c. In the absence of a proper action to disqualify the applicant from award of the Good Conduct Medal, the applicant is entitled to award of the Good Conduct Medal shown on his DD Form 214.
d. In view of the administrative errors surrounding the disqualification memorandum filed in the applicant's OMPF, it should be expunged from the applicant's records.
8. 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 the memorandum dated 25 June 1997 from the OMPF of the individual concerned.
BOARD VOTE:
SAC____ SP______ TSK_____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Samuel A. Crumpler____
CHAIRPERSON
| CASE ID | AR2002079940 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030311 |
| 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. | 134.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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