RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050001464


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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 a document denying her award of the Army
Good Conduct Medal be expunged from her Official Military Personnel File
(OMPF).

2.  The applicant states she was not aware of the disqualification action
until it appeared in her OMPF.  She notes the memorandum is not signed and
she was not counseled on the action.

3.  The applicant provides a copy of the disapproval document.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 15 September 1994.  Her records confirm she was awarded her
second Army Good Conduct Medal on 14 May 2001 for the period 15 September
1997 through 14 September 2000.

2.  The applicant's performance evaluation reports for rating periods
ending in April 2001, April 2002, and April 2003 all indicate the applicant
was a successful Soldier and in compliance with both the physical fitness
standards and the Army's weight control program.  On 1 May 2003 she was
promoted to pay grade E-6.

3.  On 7 July 2004, while assigned to Fort Campbell, Kentucky, the
applicant's commander initiated a memorandum, addressed to the applicant,
which disqualified her from award of the Army Good Conduct Medal for the
period
15 September 2000 through 15 September 2003.  The basis for his
disqualification was because the applicant was "flagged" during this time
period.  The memorandum informed the applicant that she was to acknowledge
receipt of the memorandum and provide a rebuttal if appropriate, within 7
working days.  The memorandum does not indicate the applicant complied with
the requirements of the memorandum and contains no statement that she
refused to acknowledge the referral.

4.  At the time the applicant submitted her application to this Board, in
January 2005, she was still on active duty and still assigned to Fort
Campbell, Kentucky.  However, on 1 June 2005 the applicant was honorably
discharged from active duty by reason of physical disability.  Her
separation document does indicate three awards of the Army Good Conduct
Medal, although her records do not contain orders confirming her first or
third award.

5.  Army Regulation 600-8-22 states that commanders may disqualify
Soldier’s from award of the Army Good Conduct Medal by preparing a
statement of the rationale for his or her decision.  The statement will
include the period of disqualification and will be referred to the
individual for comment in accordance with Army Regulation 600-37, paragraph
3-6.  The unit commander will then consider the Soldier’s statement, if
provided, and if his 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 OMPF.  The custodian of the
individual’s local file will forward the documents to the Commander, United
States Army Enlisted Records and Evaluation Center for permanent filing in
the individual’s OMPF.

6.  Paragraph 3-6 of Army Regulation 600-37 (Unfavorable Information)
indicates that if the recipient of unfavorable information refuses to
acknowledge the referral of unfavorable information a statement indicating
"On (date), (name) has been presented with the unfavorable information and
refuses to acknowledge by signature."  The document can then be directed
for filing.

DISCUSSION AND CONCLUSIONS:

1.  Whether the applicant knew or did not know that her commander had
disqualified her from award of the Army Good Conduct Medal until the
disqualification memorandum showed up in her OMPF, is not at issued.  The
issue in this case stems from the fact that the document on file in the
applicant's OMPF contains neither her acknowledgement nor the appropriate
statement required by Army Regulation 600-37 that she refused to
acknowledge the disqualification.  As such, the document contains
administrative errors which render it inappropriate for filing in the OMPF.

2.  The applicant’s available file contains no derogatory information,
which might have served as a basis for disqualification.  In fact, the
applicant’s record indicates that she was a successful Soldier and was
promoted during the period the statement indicates she was disqualified
from receiving the Army Good Conduct Medal.

3.  Although the applicant's file does not contain orders awarding her a
third Army Good Conduct Medal the fact that her separation document
indicates she was awarded three Good Conduct Medals is sufficient to
conclude that in spite of the disqualification a third award was made.
Such evidence further supports a conclusion that in the interest of justice
and equity, the disqualification document should be expunged from her OMPF.

BOARD VOTE:

___SP __  ___RD __  ___JM __  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
expunging the 7 July 2004 memorandum, which indicates that the applicant
was denied award of the Army Good Conduct Medal, from her OMPF.





                                  _____  Shirley Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001464                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]