RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20050000173


      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. W. W. Osborn. Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the 13 September 2004 memorandum that
disqualified her for the Good Conduct Medal be expunged from her Official
Military Personnel File (OMPF).

2.  The applicant states that she was not notified in accordance with Army
Regulation 600-37 (Derogatory Information).  Her old command altered the
13 September 2004 memorandum so that they could justify filing it in the
performance section of her OMPF.  Her new command awarded the Good Conduct
Medal on 2 November 2004, well after her permanent change of stations
(PCS).  Her previous commander did not follow the regulatory guidance and
the Personnel Service Battalion (PSB) informed him that he could not
approve or disapprove the Good Conduct Medal because the 3-year anniversary
would not occur until after her PCS.  The memorandum was not prepared
properly and was kicked back several times by the PSB.  The memorandum
appeared on her performance fiche 45 days after her PCS.  Her new command
was informed as to what had taken place and, because her old command had no
jurisdiction, the Good Conduct Medal was awarded.

3.  The applicant submits an extract from Army Regulation 600-8-22
(Military Awards); copies of the 13 September 2004 memorandum which
informed the applicant of intended disqualification for the Good Conduct
Medal for the period 25 September 2001 to 24 September 2004; a response
memorandum to the foregoing indicating the applicant did not intend to make
a statement and carrying the commander's endorsement disqualifying the
applicant for the period from 25 September 2001 to 24 September 2004; an
approved 16 September 2004 leave request showing the applicant's PCS leave
started on 19 September 2004, was on TDY (temporary duty) from 19 through
26 September 2004 and that she departed the unit on 13 October 2004; orders
issued by the applicant's new command awarding the Good Conduct Medal for
the 25 September 2001 to 24 September 2004 period; her Enlisted Record
Brief; and an Noncommissioned Officer Evaluation Report (NCOER) for the
period October 2003 through September 2004 that shows her rater and senior
rater were colonels.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a career NCO entered the service on 23 September 1989.

2.  Notwithstanding an 11 October 1996 nonjudicial punishment under Article
15, Uniform Code of Military Justice for falsifying a record fire score
card and an Army Physical Fitness Test score card and submitting them with
her promotion
package, she was awarded the Good Conduct Medal (3rd Award) in September
1998 and was promoted to staff sergeant with a date of rank of 1 November
1998.

3.  On 19 November 2003 she was reprimanded for inappropriate conduct by
releasing personal and confidential information from administrative
separation packages and Criminal Investigation Division (CID) files.  The
reprimand was referred to the applicant for comment or rebuttal.  She
declined to respond.  A general officer considered the case and directed
that the reprimand be filed in the applicant's OMPF.  The documents in her
OMPF appear identical to those she submitted.

4.  On 13 September 2004 the applicant was notified of disqualification for
the Good Conduct Medal because of "substandard performance as an NCO on
several occasions."  The applicant acknowledged the contemplated action and
declined to comment and she was disqualified from award for the period and
the documents forwarded for filing in her OMPF.

5.  On 2 November 2004 the applicant's new command awarded her the Good
Conduct Medal (5th Award).

6.  Army Regulation 600-8-22 Military Awards paragraph 4-8
(Disqualification for the Army Good Conduct Medal) states:

   a. Conviction by courts-martial terminates a period of qualifying
service; a new period begins the following day after completion of the
sentence imposed by the court-martial.


   b. Individual whose retention is not warranted under standards prescribed
in AR 604-10 , paragraph 2-1, or for whom a bar to reenlistment has been
approved under the provisions of AR 601-280 , chapter 6 (specifically for
the reasons enumerated in AR 601-280, paras 6-4a, b, and d), are not
eligible for award of the AGCM.


   c. In instances of disqualification as determined by the unit commander,
the commander will prepare a statement of the rationale for his or her
decision. This statement will include the period of disqualification and
will be referred to the individual according to AR 600-37 , paragraph 3-6.
The unit commander will consider the affected individual's statement.  If
the commander's decision remains the same, the commander will forward his
or her statement, the individual's statement, and his or her consideration
for filing in the individual's DA Form 201 (Military Personnel Records
Jacket) (MPRJ).  The custodian of the MPRJ will forward these documents to
Commander, U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin
Harrison, IN 46249-5301, for permanent filing in the individual's OMPF.


   d. Disqualification for an award of the AGCM can occur at any time during
a qualifying period (for example, when manner of performance or efficiency
declines). The custodian of the MPRJ will establish the new "beginning
date" for the soldier's eligibility for award of the AGCM and indicate the
date on the soldier's DA Form 2-1 (Personnel Qualification Record, Part
II). These procedures do not apply if Soldier is disqualified under the
provisions of a and b above.

7.  Army Regulation 600-37 (Unfavorable Information), paragraph 3-6.
(Referral of information) states:
   a. Except as provided in paragraph 3-3, unfavorable information will be
referred to the recipient for information and acknowledgment of his or her
rebuttal opportunity. Acknowledgement and rebuttal comments or documents
will be submitted generally in the following form:
     (1) "I have read and understand the unfavorable information presented
against me and submit the following statement or documents in my behalf:"
     (2) "I have read and understand the unfavorable information presented
against me and elect not to make a statement."
   b. If a recipient refuses to acknowledge the referral of unfavorable
information, the reprimanding official will prepare the following
statement: "On (date), (name) has been presented with the unfavorable
information and refuses to acknowledge by signature."  The letter can then
be directed for filing per paragraph 3-4 .

8.  The applicant indicated in handwritten notes that she did not work for
the company commander at the time of the 13 September 2004 notification of
intent and that the other document acknowledgement with disqualification
endorsement had been altered after she departed on PCS.

DISCUSSION AND CONCLUSIONS:

1.  There is no substantiating evidence to show that the documents have
been altered.

2.  The behavior upon which the disqualification was based is clearly
documented in the applicant's OMPF.  However the wording in characterizing
the applicant's unauthorized disclosure of personal and confidential
information as substandard performance and not misconduct seems slanted in
the applicant's favor.

3.  Both the reprimand and the disqualification for the Good Conduct Medal
were handled in accordance with the governing regulations.

4.  The NCOER that the applicant submitted shows that the applicant did not
"work" for the company commander, but he had the authority to disqualify
the applicant from award of the Good Conduct Medal.  The existing Good
Conduct Medal (5th Award) was issued in error and the applicant's part in
that process warrants investigation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TSK __  __PHM __  ___CAK_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  __     Ted S. Kanamine__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000173                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     | . . . . .                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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