RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  12 June 2007
	DOCKET NUMBER:  AR20070007179 


	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.


Mrs. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Ms. LaVerne M. Douglas

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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 correction of his military records to show that he received the seventh award of the Army Good Conduct Medal.

2.  The applicant states, in effect, that his commander did not intend to deny him the Army Good Conduct Medal, only to delay its presentation until he met the Army weight control standard. 

3.  The applicant provides a copy of his Enlisted Record Brief, disqualification memorandums, and subsequent memorandums from his commander and supervisor requesting reinstatement of the Army Good Conduct Medal. 

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was a sergeant first class, pay grade E7, serving on active duty in the Regular Army.  

2.  On 29 June 2005, the applicant’s commander issued a memorandum disqualifying him for award of the Army Good Conduct Medal during the period from 16 February 2002 to 16 (sic) February 2005.  The commander based his denial on the applicant’s enrollment in the Army Weight Control Program on 
5 January 2005. 

3.  On 11 July 2005, the Chief, Personnel Service Branch, Military Personnel Division, United States Army Signal Center and Fort Gordon, Georgia, forwarded the disqualification memorandum to the Commander, Human Resources Command, Indianapolis, Indiana, for filing in the applicant’s Official Military Personnel File (OMPF).  The Chief, Personnel Service Branch also established the applicant’s new eligibility date for award of the Army Good Conduct Medal as 15 February 2008.

4.  On 7 March 2007, the applicant’s commander (the same individual who issued the disqualification memorandum) requested that the memorandum for disqualification of the Army Good Conduct Medal be removed from the applicant’s OMPF.  He further requested that the applicant’s eligibility dates for award of his seventh Army Good Conduct Medal be reestablished as 
16 February 2002 to 15 February 2005.  

5.  On 14 May 2007, the applicant’s supervisor wrote a memorandum in support of the commander’s request to reinstate the applicant’s eligibility period for award of the Army Good Conduct Medal.  
6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of active Federal military service.  Denial requires the commander’s disqualifying comments. 

7. AR 600-8-104 (Military Personnel Information Management /Records) provides, in pertinent part, that all personnel information recorded under the authority of this regulation is the property of the United States Government.  Once recorded, it will not be removed except as provided by law or this regulation. Types of authorized military personnel files are the Official Military Personnel File (OMPF), Military Personnel Records Jacket (MPRJ), Career Management Individual File (CMIF), and the Classified Personnel Record (CPR). 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 or more of the following: (1) The Army Board for Correction of Military Records (ABCMR); (2) The Department of the Army Suitability Evaluation Board (DASEB); (3) Army appeal boards; (4) Chief, Appeals and Corrections Branch, Human Resources Command (5) The OMPF custodian when documents have been improperly filed; (6) Commander, Human Resources Command, ATTN: HRC-PDO-PO, as an approved policy change to this regulation; (7) Chief, Appeals Branch, Human Resources Command, St. Louis, Missouri ; (8) Chief, Appeals Branch, National Guard Personnel Center.   Documents designated for transfer from the performance or service fiche will be put on the restricted fiche, if authorized.  When discovered by the custodian or requested by the Soldier concerned, transfer restricted fiche documents mistakenly filed on the performance or service fiche to the restricted fiche. Unless approved by the Deputy Chief of Staff, Personnel or by the Human Resources Command Promotions Branch, this action does not justify standby or special selection board consideration. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant’s commander signed a memorandum disqualifying him for award of the Army Good Conduct Medal during the period from 16 February 2002 to 15 February 2005.  This same commander subsequently requested that this disqualification memorandum be removed from the applicant’s OMPF and that he be awarded the Army Good Conduct Medal for this period of service.  The commander stated that it was not his intent to deny him the award, only to delay its presentation. 

2.  It appears that the applicant’s commander did not fully understand the consequences of his first memorandum.  Therefore, in the interest of justice, the disqualification memorandum dated 29 June 2005 and all other documentation directly associated with the denial of this Army Good Conduct Medal should be removed from the applicant’s OMPF.   

3.  Furthermore, the applicant should be awarded the Army Good Conduct Medal for the period from 16 February 2002 to 15 February 2005.

BOARD VOTE:

__ LMD _  __EEM __  __RMN _  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:

a.  removing from his Official Military Personnel File the disqualification memorandum dated 29 June 2005, and all other documents directly related to the denial of the Army Good Conduct Medal for the period from 16 February 2002 to 15 February 2005; and

b.   awarding him the Army Good Conduct Medal for the period from 
16 February 2002 to 15 February 2005.





___LaVerne M. Douglas____
          CHAIRPERSON




INDEX

CASE ID
AR20070007179
SUFFIX

RECON

DATE BOARDED
20070602
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0056
2.

3.

4.

5.

6.