RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 OCTOBER 2006
      DOCKET NUMBER:  AR20050004536


      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:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |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 two 14 April 2004 memorandums disqualifying
her for award of the Army Good Conduct Medal, which are filed in the
restricted portion of her OMPF (Official Military Personnel File), be
expunged.

2.  The applicant states that she never received a company grade Article
15, that her Army Good Conduct Medal was not revoked, and that the two
memorandums in her restricted file present false information.

3.  The applicant provides copies of the two memorandums and a copy of her
Enlisted Record Brief indicating award of two Army Good Conduct Medals.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant has been on
active duty since June 1997 and was awarded her first Army Good Conduct
Medal for the 3 year period ending in June 2000.

2.  On 2 June 2003, while assigned to A Company at Madigan Army Medical
Center, the applicant was awarded her second Army Good Conduct Medal.
Orders issued by B Detachment, 22d Personnel Services Battalion at Fort
Lewis, Washington, confirmed the award which covered the period 12 June
2000 to
11 June 2003.

3.  Nearly 1 year later, on 14 April 2004, her company commander
disqualified her for award of the Army Good Conduct Medal for that same
period, 12 June 2000 to 11 June 2003.  He noted that the applicant had
received company grade non-judicial punishment under Article 15 of the
Uniform Code of Military Justice.  The commander did not specify when the
non-judicial punishment was imposed, nor acknowledge that an award had
already been made for that period of service.

4.  There is no record of any UCMJ (Uniform Code of Military Justice)
action in the applicant's OMPF.  While Army Regulation 27-10 (Military
Justice) does provide latitude for filing of UCMJ actions in the OMPF of
Soldiers in pay grade E-4 and below the regulation does state that for all
other Soldiers the original UCMJ action will be sent to the appropriate
OMPF custodian for filing in the OMPF.  The decision to file the original
UCMJ action on the performance section or the restricted section in the
OMPF will be made by the imposing commander at the time punishment is
imposed.

5.  The applicant, who was still assigned to A Company, initialed a 14
April 2004 memorandum indicating she had read and understood the
unfavorable information regarding denial of the Army Good Conduct Medal and
indicated she would provide a statement within 10 calendar days.  Her file
contains no personal statement.

6.  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.  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.

7.  Army Regulation 600-8-104 states that the restricted fiche is used for
historical data that may normally be improper for viewing by selection
boards or career managers.  Documents on this fiche are those that must be
permanently kept to maintain an unbroken, historical record of a Soldier's
service, conduct, duty performance, and evaluation periods; and corrections
to other parts of the OMPF.

8.  Army Regulation 600-8-104 states that once placed in the OMPF, the
document becomes a permanent part of that file.  The document will not be
removed from a fiche or moved to another part of the fiche unless directed
by one of several agencies, including this Board.  It does note that the
custodian of the OMPF may remove documents in the OMPF only when the
documents have been improperly filed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board indicates that the applicant was
awarded her second Army Good Conduct Medal in June 2003.

2.  The fact that her OMPF does not contain evidence of any UCMJ action, as
would have been required under the provisions of Army Regulation 27-10,
supports the applicant's contention that she did not receive the UCMJ
action noted in her commander's disqualification document.

3.  Because the memorandums are filed in the applicant's restricted fiche
without any further explanation, and without evidence of the UCMJ action in
question, the documents could imply the applicant was denied an award of
the Army Good Conduct Medal, when in fact she was not, as evidenced by the
award in her performance fiche.  The absence of UCMJ action, and a clearer
filing explanation on the disqualification statements, may further confuse
anyone who ultimately is authorized to review the applicant’s OMPF,
including future promotion boards.

4.  As such, in the interest of equity and justice, it would be appropriate
to expunge the two 14 April 2004 memorandums, associated with the action to
disqualify the applicant for award of the Army Good Conduct Medal for the
period 12 June 2000 to 11 June 2003, from her OMPF.

BOARD VOTE:

__JM ___  ___JG  __  __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 two 14 April 2004 memorandums, associated with the action to
disqualify the applicant for award of the Army Good Conduct Medal for the
period 12 June 2000 to 11 June 2003, from her OMPF.





                                  ______John Meixell__________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050004536                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051020                                |
|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]