RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 January 2008
DOCKET NUMBER: AR20080000803
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. John Infante
Chairperson
Mr. Eric N. Andersen
Member
Mr. David K. Haasenritter
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 removal of a memorandum, subject: Disqualification for Award of the Good Conduct Medal, dated 24 August 1993, from his Official Military Personnel File (OMPF).
2. The applicant states, in effect, that the subject memorandum is detrimental to his career and should be removed from both the performance section and the military personnel records jacket section of his OMPF. He further contends that he received a summarized nonjudicial punishment (NJP) at the time which is referred to in the subject memorandum as the reason for his commanders denial of the Good Conduct Medal. He states that his summarized NJP was to be destroyed after he left the unit and should not have been made a part of his OMPF. He also states that the subject memorandum was only meant to be used as an administrative action to inform him of the commanders decision not to award him the Good Conduct Medal. As such, it serves no critical or practical purpose in his records. The presence of the document makes his record look as if he actually committed a terrible offense that granted grounds for a harder, more serious NJP. That was not the case.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving in the Regular Army as a staff sergeant, pay grade E-6.
2. On 6 November 1991, the applicant enlisted in the Regular Army as a private, pay grade E-2. He completed his initial training and the Basic Airborne Course and was awarded military occupational specialty 73C1P (Finance Specialist with airborne special qualification).
3. On 6 January 1993, the applicant was promoted to specialist, pay grade E-4.
4. On 24 August 1993, the applicants commander notified him via the subject memorandum that he was considering disqualifying him for award of the Good Conduct Medal because of an NJP. The memorandum does not provide any detailed information regarding this NJP. The commander offered the applicant an opportunity to submit matters in rebuttal. On 15 September 1993, the applicant acknowledged the memorandum and indicated that he would submit a written rebuttal [not available in the file for review]. On 17 September 1993, the commander disqualified the applicant for this award and forwarded the memorandum to the personnel service company for filing.
5. On 1 May 1997, the applicant was promoted to sergeant, pay grade E-5.
6. On 26 September 2000, the applicant accepted NJP under the provisions of Article 15, Uniform Code of Military Justice, for violation of Article 128, UCMJ (assault consummated by battery) by unlawfully grabbing a womans neck and pulling her hair. The punishment included 14 days of extra duty.
7. On 1 July 2004, the applicant was promoted to staff sergeant, pay grade E-6.
8. Army Regulation 600-8-22 provides 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.
DISCUSSION AND CONCLUSIONS:
1. Regulation requires a commander to provide written notice of nonfavorable consideration for award of the Good Conduct Medal. He must permit the individual an opportunity to respond. This having been accomplished, the commander properly notified the servicing personnel company for them to take action. The filing of the memorandum in the applicants OMPF was necessary for maintaining a record of this event.
2. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
3. While the Board understands the applicants concerns, the Army has an interest in maintaining such documents, and the applicant has not shown sufficient reasons why it should not remain a matter of record,
4. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__DKH__ __JI_____ __ENA__ 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.
__ John Infante _______
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20080131
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070018935
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 January 2008 DOCKET NUMBER: AR20070018935 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. The applicant requests that Permanent Orders 264-11, Special Troops Battalion, XVIII Airborne Corps, Fort Bragg, North Carolina, dated 21 September 2006, awarding him the Army Good Conduct Medal for the same period of...
ARMY | BCMR | CY2006 | 20060017776
The applicant requests duplicate orders awarding him the Army Good Conduct Medal be removed from his official military personnel File (OMPF). The applicant's records show that the 509th Personnel Service Battalion published two sets of orders awarding the applicant the Army Good Conduct Medal for the same period of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from his official military personnel file...
ARMY | BCMR | CY2007 | 20070000528
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 February 2007 DOCKET NUMBER: AR20070000528 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. The applicant requests that duplicate orders awarding him the Army Good Conduct Medal be removed from his official military personnel File (OMPF). As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2001 | 2001063500C070421
The applicant requests award of the Army Good Conduct Medal. The applicant’s 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty), which he was not available to sign, does not reflect award of the Good Conduct Medal. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him from receiving the award, nor is there any evidence of misconduct, which would serve as a basis to deny the applicant an award of the Good...
ARMY | BCMR | CY2006 | 20060017783
The applicant requests the removal of erroneous orders awarding him the Army Good Conduct Medal and their subsequent revocation orders from his official military personnel File (OMPF). The applicant states that the correct set of orders are also in his OMPF and removal of the erroneous orders will allow for easier review by the Sergeant First Class Promotion Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing...
ARMY | BCMR | CY2002 | 2002074497C070403
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. Army Regulation 600-8-22 states that the Army Achievement Medal and Army Commendation Medal are individual decorations, which require a recommendation, approval through the chain of command, and announcement in orders. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2002 | 2002072563C070403
The applicant’s military records show that on 31 August 1976, he enlisted in the Army for 3 years in the pay grade of E-1. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Accordingly, given the supporting documents provided by the applicant and the lack of action by the commander to deny him the...
ARMY | BCMR | CY2001 | 2001065468C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army Regulation 600-8-22 provides that the 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. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and the...
ARMY | BCMR | CY2001 | 2001061335C070421
In 1980 a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued correcting the applicant’s 1969 DD Form 214 to show award of the “Vietnam Service Medal with/2 Bronze Service Stars, National Defense Service Medal” and the “Republic of Vietnam Campaign Ribbon with Device 1960.” In 1993 a second DD Form 215 was issued correcting the applicant’s 1969 DD Form 214 to show several additional awards, including the Purple Heart, Valorous Unit Award...
ARMY | BCMR | CY2002 | 2002071451C070402
Army Regulation 600-8-22 also provides that the 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. There is nothing in the applicant’s military records which shows that he was wounded. Since nonfavorable consideration for the Good Conduct Medal was not noted on the applicant's DA Form 20, the Board will accept that the applicant was not awarded the Good Conduct Medal...