BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090012146 


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 removal of a "memorandum for record," dated 24 February 2009, disqualifying him from award of the Army Good Conduct Medal (2nd Award) from his official military personnel file (OMPF).

2.  The applicant states the command determined the disqualification memorandum was an error or oversight.  He states he was deployed with another unit at the time and has since been awarded the decoration.  He notes his command has provided a memorandum asking that the disqualification memorandum be removed from his OMPF.

3.  The applicant provides a copy of the disqualification memorandum, a copy of the memorandum rescinding the disqualification memorandum, and a copy of orders awarding him the Army Good Conduct Medal for the period in question.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 26 November 2001.  He was awarded his first award of the Army Good Conduct Medal in April 2005 for the period 27 November 2001 to 26 November 2004.

2.  In June 2005 he was promoted to pay grade E-5.  Performance evaluation reports for periods ending in May 2006 and May 2007 are highly complimentary.  His records contain no derogatory information.  On 1 December 2007 he was promoted to pay grade E-6.
3.  On 24 February 2009 a memorandum was issued at Fort Campbell, Kentucky, disqualifying the applicant from award of the Army Good Conduct Medal for the period 26 November 2004 through 26 November 2007, the applicant's second award.  The memorandum noted the applicant was being disqualified due to actions resulting from Uniform Code of Military Justice action.  The memorandum noted the "Soldier was unavailable for signature or refused to sign" and contains the initial of the commander who issued the disqualification statement.  There is, however, no explanation as to why the applicant was unavailable to sign or if, in fact, he refused to sign the document.

4.  On 25 June 2009 a memorandum was signed rescinding the "erroneous memo disapproving" the applicant's Army Good Conduct Medal.  That memorandum noted the commander had verified the applicant's eligibility for the time period in question.

5.  On 29 June 2009 Permanent Orders 180-01 were issued at Fort Campbell, Kentucky, awarding the applicant the Army Good Conduct Medal for the period 27 November 2004 through 26 November 2007.

6.  The disqualification memorandum for record and the permanent orders awarding him the Army Good Conduct Medal (2nd Award) are both filed in the performance portion of the applicant's OMPF.

7.  Army Regulation 600-8-22 (Military Awards) 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.  Unit commanders are authorized to award the Army Good Conduct Medal to enlisted personnel serving under their command jurisdiction who meet the established criteria.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

8.  Paragraph 4-8 of Army Regulation 600-8-22 prescribes the policy regarding disqualification for the Army Good Conduct Medal.  It states, in pertinent part, that conviction by courts-martial terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the court-martial.  Individuals whose retention is not warranted or for whom a bar to reenlistment has been approved under the provisions of chapter 8 of Army Regulation 601-280 (Army Retention Program) are not eligible for award of the Army Good Conduct Medal.  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 paragraph 3-6 of Army Regulation 600-37 (Unfavorable Information).  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, U.S. Army Enlisted Records and Evaluation Center, ATTN:  PCRE–RP, 8899 E. 56th Street, Indianapolis, IN  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 and the personnel automation section chief to update electronic Military Personnel Office records.  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).

9.  Chapter 2 of Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs the composition of the OMPF and states, in pertinent, part that the performance fiche is used for filing performance, commendatory, and disciplinary data.  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 certain agencies, to include this Board.

DISCUSSION AND CONCLUSIONS:

1.  While it is unclear why the February 2009 memorandum was issued disqualifying the applicant from award of the Army Good Conduct Medal, there is no evidence of any misconduct in the applicant's file and his performance evaluation reports during the period in question are exemplary.  The fact that the applicant was subsequently awarded the Army Good Conduct Medal and the statement noting the disqualification memorandum had been rescinded supports the applicant's contention that the disqualification memorandum was issued in error.

2.  It appears that the disqualification "memorandum for record" was neither administratively correct nor timely.  The retention of the memorandum in the applicant's OMPF serves no purpose and may ultimately negatively impact the applicant or at the very least cause confusion.  As such, in the interest of justice and equity it would be appropriate to remove the memorandum from the applicant's file.



BOARD VOTE:

____x___  ____x___  ____x___  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 removing the referenced memorandum for record, dated 24 February 2009, from the applicant's OMPF.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20090012146



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ABCMR Record of Proceedings (cont)                                         AR20090012146



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