IN THE CASE OF:	

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20100010976 


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 the disqualification for the Army Good Conduct Medal (AGCM) that is filed in his official military personnel file (OMPF).

2.  The applicant states that while he was in a temporary duty (TDY) status he received orders from Headquarters, Rear Detachment, 502nd Personnel Services Battalion (PSB), Fort Carson, Colorado, for the first award of the AGCM for the period of service 4 February 2003 to 3 February 2006.

	a.  On 6 April 2006, the Commander, Company C, Special Troops Battalion, 2nd Brigade Combat Team, 2nd Infantry Division, Fort Carson, Colorado, issued a memorandum disqualifying him for the AGCM for the period 9 May 2003 through 9 May 2006 based on a permanent change of station (PCS).  He adds he was in a TDY status and believes his name remained on the unit's roster until 29 June 2006 when he completed reclassification training.  This may have caused the administrative error.

	b.  He states he met all the requirements for the first award of the AGCM.  He adds that he believes the disqualification memorandum is invalid and should be removed from his OMPF.

3.  The applicant provides a copy of his AGCM orders and the disqualification memorandum.



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted and entered active duty in the Regular Army on 4 February 2003.  He has served continuously on active duty to the present.

2.  A review of the applicant's records shows the following documents are filed in the performance portion of his OMPF.

	a.  Headquarters, Rear Detachment, 502nd PSB, Fort Carson, Colorado, Permanent Orders 093-318, dated 3 April 2006, that awarded him the AGCM (1st Award) for the period of service 4 February 2003 to 3 February 2006.

	b.  Headquarters, Company C, Special Troops Battalion, 2nd Brigade Combat Team, 2nd Infantry Division, Fort Carson, Colorado, memorandum, dated 6 April 2006, that set forth the commander's intention to disqualify him for award of the AGCM for the period 9 May 2003 through 9 May 2006 based on PCS.  The document also shows on the Soldier's signature line, the entry "unavailable due to PCS."

	c.  Headquarters, U.S. Army Installation Management Command, and Headquarters, U.S. Army Garrison, Fort Rucker, Alabama, Permanent Orders 092-081, dated 2 April 2009, that awarded him the AGCM (2nd Award) for the period of service 4 February 2006 to 3 February 2009.

3.  There is no evidence the applicant acknowledged receipt of the memorandum to disqualify him for award of the AGCM.

4.  There is no record of any adverse information in the applicant's OMPF.

5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  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.  Disqualification for the award must be justified.

	b.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  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 statement, the individual's statement, and his or her consideration for permanent filing in the individual's OMPF.

6.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policies, operating tasks, and steps governing the OMPF.

	a.  Table 2-1 (Composition of the OMPF) shows that award orders are filed in the performance portion of the OMPF.  The commander's disqualification statement for award of the AGCM, along with the Soldier's statement and any enclosures, are also filed in the performance portion of the OMPF.

	b.  Once placed in the OMPF, the document becomes a permanent part of that file.

7.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files; and ensure that the best interests of both the Army and the Soldiers are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the disqualification memorandum for the AGCM that is filed in his OMPF should be removed because he was awarded the first award of the AGCM and the disqualification memorandum is invalid.

2.  On 3 April 2006, permanent orders awarded the applicant the first award of the AGCM for the period of service of service 4 February 2003 to 3 February 2006.  This period starts with his initial enlistment date and continues through his first 3 years of service.

3.  On 6 April 2006, the Commander, Company C, Special Troops Battalion, 2nd Brigade Combat Team, 2nd Infantry Division, Fort Carson, Colorado, initiated action to notify the applicant of his intention to disqualify him for award of the AGCM for the period 9 May 2003 through 9 May 2006 based on PCS.

	a.  The commander provided no statement regarding the rationale for his decision.  In fact, the stated basis to disqualify the applicant for award of the AGCM is questionable.  In addition, the period of disqualification is not consistent with the applicant's first 2 years of active Federal service.  It also extends beyond the date of the notification with no explanation for this extended period.

	b.  There is no evidence the notice of disqualification was referred to the applicant for information and rebuttal.

	c.  There is no evidence of any adverse information in the applicant's OMPF that would potentially disqualify him for award of the first award of the AGCM.

	d.  Permanent orders awarded the applicant the second award of the AGCM for the period of service of service from 4 February 2006 to 3 February 2009.  The first 3 months for this award covers the last months of the disqualification period in question.

	e.  Based on all of the foregoing, there appears to have been no basis for disqualifying the applicant for the first award of the AGCM.  Moreover, the memorandum was not properly completed with the commander's rationale, nor was it referred to the applicant for information and rebuttal.

4.  The policy and procedures set forth in Army Regulation 600-37 governing the filing of unfavorable information in the OMPF were not complied with in this case.  Moreover, the overwhelming evidence indicates the memorandum disqualifying the applicant for award of the AGCM was invalid.  Therefore, it would be appropriate to remove this disqualifying memorandum from his OMPF.

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from the applicant's OMPF the Headquarters, Company C, Special Troops Battalion, 2nd Brigade Combat Team, 2nd Infantry Division, Fort Carson, Colorado, memorandum, dated 6 April 2006, subject:  Disqualification for the AGCM.

2.  To ensure this decision results in no unintended harm to the individual concerned, following completion of the administrative corrections directed herein, this Record of Proceedings and all documents related to this appeal will be returned to this Board for permanent filing.  The Record of Proceedings and associated documents will not be filed in the individual'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)                                         AR20100010976



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ABCMR Record of Proceedings (cont)                                         AR20100010976



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