BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090015511
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, dated 24 February 1998, subject: Good Conduct Medal Disapproval, be removed from his official military personnel file (OMPF).
2. The applicant states he was awarded the first award of the Army Good Conduct Medal for the period 30 July 1996 to 29 July 1999. He states he was flagged for failing a diagnostic physical fitness test and there was no misconduct.
3. The applicant provides copies of four Army Good Conduct Medal orders and the memorandum disqualifying him for the Army Good Conduct Medal in support of this application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he enlisted in the Regular Army on 30 July 1996 and was awarded the military occupational specialty of quartermaster and chemical equipment repairer. He has served continuously through reenlistments and was promoted to pay grade E-6.
3. The applicant's OMPF in the interactive Personnel Electronic Records Management System (iPERMS) contains a memorandum, dated 24 February 1998, subject: Good Conduct Medal Disapproval, stating his commander intended to disqualify him for award of the Army Good Conduct Medal for the period 30 July 1996 to 30 January 1999. The reason given was "flag." His record shows no disciplinary violations, he received good evaluations, and he progressed to the enlisted rank of staff sergeant/pay grade E-6.
4. The applicant's OMPF contains general orders awarding him the Army Good Conduct Medal on four occasions including the period 30 July 1996 to 29 July 1999.
5. 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.
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. In pertinent part, this regulation describes what forms and documents are to be filed in the OMPF and where they are to be filed. This regulation states, in pertinent part, that a disqualification statement for award of the Army Good Conduct Medal will be filed on the OMPF. It further provides that once filed such documents become a permanent part of the OMPF and they may only be removed by one of several agencies, one of which is the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that a memorandum was prepared on 24 February 1998 by his commander to disqualify him for the Army Good Conduct Medal based on a flag and was placed in his OMPF in iPERMS.
2. Although the memorandum was prepared to disqualify the applicant for the first award of the Army Good Conduct Medal, his OMPF failed to show any adverse or derogatory information that would disqualify him for award of the Army Good Conduct Medal. A flag for failing a physical fitness test does not prohibit award of the Army Good Conduct Medal.
3. The applicant was awarded the first award of the Army Good Conduct Medal for the period 30 July 1996 to 29 July 1999. Therefore, it would be equitable and just to remove the memorandum, dated 24 February 1998, subject: Good Conduct Medal Disapproval from his OMPF.
4. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 memorandum, dated 24 February 1998, subject: Good Conduct Medal Disapproval, from his 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.
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