IN THE CASE OF:
BOARD DATE: 2 June 2009
DOCKET NUMBER: AR20090005142
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 Good Conduct Medal (AGCM) Disqualification Statement, dated 6 July 2007, be removed from his records.
2. The applicant states, in effect, the disqualification statement should be removed because he was awarded the AGCM (3rd award).
3. The applicant provides a disqualification statement for award of the AGCM (3rd award) and orders in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 September 1998 and is currently serving on active duty in the rank of staff sergeant (date of promotion 1 November 2006).
2. The applicant's records on the integrated Personnel Electronic Records Management System (iPERMS) show that while at Fort Knox, KY the applicant received a memorandum, dated 6 July 2007, subject: Disqualification for the AGCM. In this memorandum, the applicant's commander informed him it was her intention to disqualify him for award of the AGCM for the period 17 September 2004 to 16 September 2007 based on an Article 15 and reduction in rank.
3. There is no record of the applicant accepting nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) in his Official Military Personnel File (OMPF).
4. The applicant's records include a DA Form 2166-8 (NCO Evaluation Report) for the period October 2004 through June 2005 which shows his date of rank for staff sergeant as 1 October 2004. A second DA Form 2166-8 for the period July 2005 through April 2006 shows his rank as sergeant with a date of rank of
3 January 2006. During this period, his senior rater rated his overall performance as "poor."
5. Headquarters, 58th Transportation Battalion, 3rd Chemical Brigade, U. S. Army Maneuver Support Center and Fort Leonard Wood Permanent Order
354-20, dated 20 December 2007, awarded the applicant the Army Good Conduct Medal (3rd award) for the period 17 September 2004 through
16 September 2007.
6. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Table 2-1 of the regulation provides, in pertinent part, that a disqualification statement for award of the Good Conduct Medal will be filed in the performance portion of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the AGCM Disqualification Statement should be removed from his records has been carefully reviewed and found to be without merit.
2. Based on the available information, the applicant was reduced in rank from staff sergeant to sergeant during the period for which he was found qualified for award of the AGCM (3rd award). The applicant also received a negative evaluation report for this period. Therefore, it appears the reduction in rank was as a result of misconduct, his commander at Fort Knox properly disqualified him for award of the AGCM, and his commander at Fort Leonard Wood subsequently erroneously awarded him the AGCM (3rd award).
3. Absent evidence which shows the AGCM Disqualification Statement was issued in error or is unjust, this document is properly filed in the performance portion of the applicant's OMPF in accordance with the governing regulation. Therefore, there is no basis to grant 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.
_______ _ X_______ ___
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.
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