IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000905 


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 two disqualification statements pertaining to award of the Army Good Conduct Medal from his Official Military Personnel File (OMPF).

2.  The applicant states:

I have two memo's for the same award period not granting me a good conduct award.  My unit later awarded me the good conduct medal and I am requesting to have the memos removed.  The memos were signed by a O-3 but the award was granted to my [sic] by my BN commander an O-5.

I feel this is an error due to the fact that the company commander had me sign the memo and later allowed me to be granted the good conduct award from the BN O-5.  The orders signed by the O-5 are in my OMPF but I need the memo stating that I will not receive the award removed.

3.  The applicant provides:

* Permanent Orders Number 178-04, Headquarters, 3rd Battalion, 7th Field Artillery, Schofield Barracks, HI, dated 27 June 2008, awarding him the Army Good Conduct Medal (3rd Award) for the period 20040729 to 20070728

* Memorandum for Enlisted Records Section, Fort Leavenworth, KS, subject:  Denial of Good Conduct Medal, dated 7 May 2007, signed by Captain (CPT) JRJ, Commander, Headquarters and Headquarters Company, U.S. Disciplinary Barracks, Fort Leavenworth

* Memorandum for Enlisted Records Section, Fort Leavenworth, subject:  Denial of Good Conduct Medal, dated 1 August 2007,  signed by CPT TAJ, Commander, Headquarters and Headquarters Company, U.S. Disciplinary Barracks, Fort Leavenworth

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army staff sergeant (SSG)/E-6, serving in military occupational specialty (MOS) 92G (Food Service Sergeant).  During the 2006-2007 time frame, he was assigned to Headquarters and Headquarters Company, U.S. Disciplinary Barracks, Fort Leavenworth.

2.  The applicant's OMPF contains a field grade DA Form 2627 (Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice)) for wrongfully having an inappropriate relationship with a junior enlisted Soldier in violation of Article 92, UCMJ.  The applicant, a married man, had a sexual relationship with a female private, not his wife.  His punishment included a reduction from SSG to sergeant (SGT)/E-5, forfeiture of $1,201.00 pay per month for 2 months (suspended, to be automatically remitted if not vacated before
10 April 2007), and extra duty for 45 days.  His reduction was effective on
13 October 2006.

3.  The applicant's OMPF contains a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for the period 20060801 to 20061230.  This report provides the following:

* In Part IVa (Army Values), he received a "NO" for "Integrity:  Does what is right - legally and morally"

* In Part IVd (Values/NCO Responibilities - Leadership), he received a "NEEDS MUCH IMPROVEMENT" with the following bullet entries:

o failed to live up to Army values
o put himself in a position that jeopardized his integrity
o failed to embody the noncommissioned officers' creed

* In Part Va (Overall Performance and Potential), he received a rating of "MARGINAL" from his rater
* In Part Vc and Vd, his senior rater gave him a "FAIR" rating for overall performance and potential

* In Part Ve, his senior rater added the following negative comments:

o should not be promoted at this time
o leadership ability is questionable

4.  Following the applicant's receipt of the above DA Form 2166-8, his company commander, CPT JRJ, who was also the reviewer of the evaluation report, issued him the 7 May 2007 Denial of Good Conduct Medal memorandum.

5.  Shortly after the applicant's receipt of the 7 May 2007 memorandum, his company had a change of command and the new company commander, CPT TAJ, reissued the Denial of Good Conduct Medal memorandum.

6.  The applicant did not receive an Army Good Conduct Medal for his period of service from 20040729 to 20070728 while still a member of Headquarters and Headquarters Company, U.S. Disciplinary Barracks at Fort Leavenworth.

7.  The applicant completed a permanent change of station (PCS) reassignment to G Company, 325th Base Support Battalion, 3rd Battalion, 7th Field Artillery, Schofield Barracks, with duty in Iraq.  On 27 June 2008, his then battalion commander signed Permanent Orders Number 178-04 awarding him the Army Good Conduct Medal for the period 20040729 to 20070728, the same period he was denied the award by his commanders at Fort Leavenworth.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Army Good Conduct Medal was established by Executive Order 8809 on 28 June 1941.  It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

	b.  The immediate unit commander's decision to award the AGCM will be based on his or her personal knowledge and of the individual's official records for 
periods of service under previous commanders during the period for which the award is to be made.  The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by current commander.

	c.  While any record of non-judicial punishment could be in conflict with recognizing the Soldier's service as exemplary, such record should not be viewed as automatically disqualifying.  The commander analyzes the record, giving consideration to the nature of the infraction, the circumstances under which it occurred, and when.  Conviction by court-martial terminates a period of qualifying service; a new period begins following the completion of sentence imposed by court-martial.

	d.  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.  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 (USAEREC), ATTN: PCRE-RP, 8899 E. 56th Street, Indianapolis, IN 46249-5301.  These documents will be permanently filed in the Soldier's Official Military Personnel File (OMPF).  The commander will forward a copy of the documents to the Personnel Services Company (PSC) and the Personnel Automation Section (PAS) chief to update the Electronic Military Personnel Office (eMILPO) database.

	e.  Disqualification for an award of the AGCM can occur at any time during a qualifying period (for example, when manner of performance or efficiency declines).  The PSC, PAS chief will establish the new "beginning date" for the Soldier's eligibility for award of the AGCM, enter the new date and code on the Soldier's eMILPO record and submit an eMILPO transaction.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is being disingenuous and deceitful in his request to this Board.  He would have this Board believe his Fort Leavenworth company commander recommended his disqualification for the Army Good Conduct Medal, but his Fort Leavenworth [emphasis added] battalion commander overturned that recommendation and awarded him the medal.

2.  In reality, the applicant was denied the Army Good Conduct Medal with proper justification by his entire Fort Leavenworth chain of command.  His Fort Leavenworth chain of command forwarded the denial memoranda and supporting documents to USAEREC for permanent filing in his record.  More than a year later, and half a world away, an entirely new chain of command approved the award.  This approval should not have occurred and was most likely accomplished in a vacuum without knowledge of the events which took place at Fort Leavenworth.

3.  The applicant was a SSG.  He committed a serious breach of Army rules and NCO values when, as a married man, he had a sexual relationship with a young female private.  He accepted nonjudicial punishment, he was reduced one grade, and his commander properly denied him the Army Good Conduct Medal.  The denial memoranda should remain in place.

4.  The applicant should request revocation of Permanent Orders Number 178-04 awarding him the Army Good Conduct Medal for the period 20040729 to 20070728.  He should further request that his servicing personnel organization recalculate a new "beginning date" for his eligibility for future award of the Army Good Conduct Medal.

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.
ABCMR Record of Proceedings (cont)                                         AR20100000905



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)