IN THE CASE OF:
BOARD DATE: 19 FEBRUARY 2009
DOCKET NUMBER: AR20080018898
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 a memorandum dated 24 February 2006, disqualifying him for the award of the Army Good Conduct Medal, be removed from his Official Military Personnel File (OMPF).
2. The applicant states that he never received a Field Grade Article 15 and that is why the memorandum should be removed from his OMPF.
3. The applicant provides in support of his application, a copy of the memorandum, dated 24 February 2006, notifying him of his disqualification for the award of the Army Good Conduct Medal.
CONSIDERATION OF EVIDENCE:
1. On 4 April 2003, the applicant enlisted in the Regular Army (RA) in Brooklyn, New York, for 4 years, in the pay grade of E-1. He successfully completed his training in military occupational specialty (MOS) 52D (power generation equipment repairer). He reenlisted in the RA for 5 years on 8 December 2005.
2. The applicant's records show that he was assigned to E Company, 5th Battalion, 52nd Air Defense Artillery, Fort Bliss, Texas, when his unit commander notified him by memorandum, dated 24 February 2006, of his disqualification for award of the Army Good Conduct Medal for the period 1 April 2003 to 2 April 2006. The applicant's commander cited suspension of favorable
personnel actions as a result of punishment under the Uniform Code of
Military Justice in the form of a Field Grade Article 15, as the basis for his disqualification. In the memorandum the commander stated the applicant's new eligibility period begins immediately after the end date listed in paragraph 1 of the memorandum (2 April 2006) and that the local records custodian would record the date on his Enlisted Record Brief. The commander further stated that a written rebuttal for reconsideration of his decision may be submitted no later than three working days from the date of the memorandum (24 February 2006). The applicant's commander concluded the notification by stating that the memorandum would be forwarded to the applicant's OMPF for filing in accordance with Army Regulation 600-8-22 (Military Awards). The memorandum indicates that the applicant was unavailable for signature with a corresponding date of 1 March 2006.
3. The applicant is currently on active duty as a member of the RA.
4. A review of the information contained in the interactive Personnel Electronic Records Management System (iPERMS) shows that the same memorandum is filed in the performance section of his OMPF. However, the review also did not show any disciplinary documents (i.e. Article 15 or flagging action) filed in the performance or restricted section of his OMPF, other than the disqualification memorandum.
5. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides that approval correspondence and statements of disqualification for award of the Good Conduct Medal will be filed in the performance section of the Soldier's OMPF.
6. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the memorandum, dated 24 February 2006, disqualifying him for the award of the Army Good Conduct Medal should be removed from his OMPF.
2. His contentions have been noted. However, in accordance with Army Regulation 600-8-104, approval correspondence and statements of disqualification for award of the Good Conduct Medal will be filed in the performance section of the Soldier's OMPF; therefore, it is filed in accordance with the applicable regulation. He has provided no evidence to show that the disqualification memorandum for award of the Army Good Conduct Medal was published or filed in error.
3. 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.
4. 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
___X_____ ___X_____ ___X_____ 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) AR20080018898
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ABCMR Record of Proceedings (cont) AR20080018898
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