IN THE CASE OF:	

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090018178 


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, in effect, that the orders awarding him the Army Good Conduct Medal (AGCM), 3rd Award, for the period September 2004 through September 2007 be removed from his Official Military Personnel File (OMPF).  He also requests that the memorandum denying him the AGCM for the same period be moved to the restricted portion of his OMPF.

2.  The applicant states, in effect, that he is making this request because he was disqualified for receipt of the AGCM only from September 2004 through September 2007.  Since that time he has completed the Advanced Noncommissioned Officer Course, and continues to perform as a stellar Soldier.

3.  The applicant provides a copy of a Memorandum Subject:  Disqualification of the AGCM to [the applicant's name], dated 6 July 2007, and a copy of Permanent Orders Number 354-20 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The available evidence shows the applicant enlisted in the Regular Army on 
5 August 1998 and he has served continuously from that date.

2.  The applicant's military service records show he is currently assigned to Headquarters, 58th Transportation Battalion, 3rd Chemical Brigade, Fort Leonard Wood, MO.

3.  The applicant's OMPF contains a copy of a memorandum from the 233rd Transportation Company, Fort Knox, KY, Subject:  Disqualification of the AGCM to [the applicant's name], dated 6 July 2007 which shows his commander disqualified him for award of the AGCM during the period 17 September 2004 to 
16 September 2007.  The commander stated the rationale for disqualifying the applicant for the AGCM was he received an Article 15 during this timeframe and a reduction in rank.

4.  Permanent Orders Number 354-20, Headquarters, 58th Transportation Battalion, 3rd Chemical Brigade, US Army Maneuver Support Center and Fort Leonard Wood, dated 20 December 2007, show the applicant was awarded the AGCM for the period 17 September 2004 through 16 September 2007.

5.  Army Regulation 600-37 (Unfavorable Information), paragraph 7-2a, states that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.

6.  Army Regulation 600-8-22 (Military Awards) provides that the AGCM 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 AGCM, disqualification must be justified.  

7.  Paragraph 4-3 (Award Approval Authority) of Army Regulation 600-8-22 states, in pertinent part, that where necessary to correct conflicting or duplicate awards, previously issued general or permanent orders may be revoked and new orders published by the unit commanders, citing this paragraph as the authority.

8.  Army Regulation 600-8-22, paragraph 4-8(c) states, 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, U.S. Army Enlisted Records and Evaluations Center, ATTN:  PCRE-RP, 8899 East 56th Street, Indianapolis, Indiana  46249-5301.  These documents will be permanently filed in the Soldier's OMPF.  

9.  Army Regulation 600-8-104 (Military Personnel Information Management/Records), provides in Table 2-1 (Composition of the OMPF) that award orders are filed in the Commendatory and Disciplinary portions of the OMPF.  This regulation also provides that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the Army Board for Correction of Military Records (ABMCR).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he would have been eligible for award of the AGCM during the period 17 September 2004 through 16 September 2007.  However, he was disqualified through the date of the award.  The rationale cited by the commander was receipt of an Article 15 and a reduction in rank.

2.  Permanent Orders Number 354-20, dated 20 December 2007, were clearly issued in error.  Therefore, it would be appropriate to revoke these orders.  These orders only show a previous administrative error and the correction thereof.  They hold no historical value in documenting the applicant's military career.  Therefore, it would be appropriate to remove these orders and the revocation from the applicant's OMPF.

3.  The applicant's disqualification statement was issued less than two 2 years ago and the applicant's Article 15 incident during the period of eligibility is sufficient to disqualify him for the AGCM.  

4.  The applicant contends that the disqualification statement denying him award of AGCM for the period 17 September 2004 through 16 September 2007 should be moved to the restricted portion of his OMPF.  The purpose of the disqualification statement is to alert personnel services that the applicant is permanently disqualified from award of the AGCM for the period 17 September 2004 through 16 September 2007.  His next period of eligibility commenced on 
17 September 2007, and he will be eligible for award of the AGCM on 
16 September 2010.  Therefore, the intended purpose of the Disqualification Statement has yet to be served.





BOARD VOTE:

________  ________  _______  GRANT FULL RELIEF 

____X___  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing Permanent Orders Number 354-20, dated 20 December 2007 and the revocation from the performance section of his OMPF.

2.  The Board further determined that the evidence presented is sufficient to warrant a portion of the requested relief.  As a result, the Board Recommends denial of so much of the application that pertains to removal of the Memorandum: Subject:  Disqualification of the AGCM to [the applicant's name], dated 6 July 2007.



      _______ _    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)                                         AR20090018178



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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