IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080013386 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the memorandum disqualifying him for award of the Army Good Conduct Medal, dated 22 April 1996, be transferred from the performance section of his Official Military Personnel File (OMPF) to the restricted section of his OMPF.

2.  The applicant states that he takes full responsibility for his past behavior, which resulted in his being furnished the memorandum.  He states that the memorandum has served its purpose and that he has grown up and has become mature enough to ensure that his previous behavior no longer occurs.  He states that he believes that if the memorandum remains in the performance section, it will have a direct negative impact on the future of his military career.  He states that it is his desire to continue to be promoted and to eventually retire from the Army.  He states that the memorandum was written over 12 years ago and that at the time it was written, there was no indication as to what area within his OMPF the memorandum was to be entered.  He states that the only direction was that it be filed in his OMPF.

3.  The applicant provides in support of his application, a copy of the memorandum dated 22 April 1996, disqualifying him for award of the Army Good Conduct Medal.





CONSIDERATION OF EVIDENCE:

1.  On 20 July 1993, the applicant enlisted in the Regular Army in Baltimore, Maryland, for 4 years, in the pay grade of E-1.  He successfully completed his training as an aviation operations specialist.

2.  He was promoted to the pay grade of E-2 on 11 November 1993.  The applicant’s records do not show the date that he was promoted to the pay grade of E-3.  However, his records show that he was promoted to the pay grade of E-4 on 1 January 1996.

3.  On 22 April 1996, the applicant’s commanding officer (CO) forwarded a memorandum to the Commander, 82nd Airborne Division, Fort Bragg, North Carolina, notifying that the applicant was not qualified for award of the Army Good Conduct Medal.  The applicant’s CO cited Uniform Code of Military Justice (UCMJ) as the basis for his decision.  The applicant’s CO requested that a copy of the memorandum be filed in his Military Personnel Records Jacket and that the original be forwarded to the Commander, United States Army Enlisted Records and Evaluation Center, Fort Benjamin, Harrison, Indiana, for filing in his OMPF.  

4.  In the memorandum, the applicant pay grade is reflected as E-1 and the date of disqualification is reflected as 11 March 1996.  The memorandum shows the applicant’s period of disqualification as 12 May 1993 through 11 April 1996.  The applicant acknowledged that he had read and understood the unfavorable information presented against him and he elected not to make a statement in his own behalf.

5.  The applicant was honorably discharged, with severance pay, in the pay grade of E-1 on 1 October 1996, due to a disability.

6.  A review of the applicant’s records does not show that the UCMJ action to which the applicant’s CO referred, was ever filed in his OMPF.

7.  After receiving a medical waiver for enlistment, the applicant reenlisted in the Army for 4 years on 10 March 2000, in the pay grade of E-3.  The applicant’s records do not show the exact date of his promotion to the pay grade of E-4.  However, his records show that he was promoted to the pay grade of E-5 on 1 March 2005.




8.  The applicant reenlisted in the Army for 5 years, in the pay grade of E-5 on 13 January 2006, and his records show that he was promoted to the pay grade of E-6 on 1 May 2007.

9.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part for award of the Army Good Conduct Medal.  The regulation states that in instances of disqualification as determined by the unit commander, the commander will prepare a memorandum stating the rationale for his or her decision.  This memorandum will include the period of disqualification and will be referred to the individual according to Army Regulation 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 memorandum, and the individual's statement, and his or her consideration to Commander, United States Army Enlisted Records and Evaluation Center, ATTN: PCRE-RP, 8899 E. 56th Street, Indianapolis, Indiana 46249-5301.  These documents will be permanently filed in the Soldier's OMPF.  The commander will forward a copy of the documents to the Personnel Services Company (PSC) and the Personnel Automation Section (PAS) chief to update Electronic Military Personnel Office (eMILPO).  Disqualification for an award of the Army Good Conduct Medal can occur at any time during a qualifying period (for example, when manner of performance or efficiency declines.  The PSC, PAS chief will establish the new "beginning date" for the Soldier's eligibility for award of the Army Good Conduct Medal, enter the new date and code on the Soldier's eMILPO record and submit eMILPO transaction.

DISCUSSION AND CONCLUSIONS:

1.  The question in this case is whether or not the memorandum disqualifying the applicant for award of the Army Good Conduct Medal should be transferred from the performance section of his OMPF to the restricted section of his OMPF.

2.  Although it does not appear that the UCMJ action to which the applicant’s CO referred was ever filed in the applicant’s OMPF, he has provided insufficient justification as to why the memorandum should be transferred to his restricted section of his OMPF.

3.  His contentions regarding his immaturity at the time that he was furnished the memorandum, the age of the memorandum, and his desire to remain in the Army and continue to be promoted have been considered.  However, his records do not show that the memorandum has hindered him from being promoted.



4.  The applicant reenlisted in the Army on 10 March 2000, in the pay grade of 
E-3.  He has been promoted a total of 3 times since his reenlistment in the RA and he is currently serving on active duty in the pay grade of E-6.  The memorandum has been in the performance section of his OMPF since his reenlistment and he has provided no evidence that suggests that the memorandum has caused him any adversity.

5.  The applicant’s contention that there was no indication as to what area within his OMPF the memorandum was to be entered has also been noted.  However, in accordance with the applicable regulation, in instances of disqualification as determined by the unit commander, the commander will prepare a memorandum stating the rationale for his or her decision and the commander will forward his or her memorandum, the individual's statement, and his or her consideration to Commander, United States Army Enlisted Records and Evaluation Center, to be permanently filed in the Soldier's OMPF.

6.  Additionally, the Army has an interest in maintaining such documents and the applicant has not shown sufficient reasons why the memorandum should not remain a matter in the performance section of his OMPF, even after considering his entire record.

7.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

8.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080013386



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013386



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1