IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100028459 


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:

* transfer the original disqualification for Good Conduct Medal memorandum, dated 5 July 2007, from the performance to the restricted section of his official military personnel file (OMPF)
* removal of the duplicate disqualification for Good Conduct Medal memorandum, dated 5 July 2007, from his OMPF

2.  The applicant states his OMPF contains two documents.  One is an original and the other is a duplicate.  He believes transferring one to the restricted section of his OMPF and removing the duplicate would be in the best interest of the Army as they could be held as discriminatory matters against him during promotion selection boards.  This is the only derogatory record he has had in over 15 years of service.  His rater and senior rater during the period in question reported him as an outstanding Soldier in his evaluation reports and his service from 2005 to the present has been exemplary as evidenced by his evaluations, awards, and commendations.

3.  The applicant provides:

* Project+ Certification Program examination score report
* three DA Forms 1059 (Service School Academic Evaluation Report)
* eight DA Forms 2166 (Noncommissioned Officer (NCO) Evaluation Report) throughout his military service
* Armed Forces Classification test results
* Army Commendation Medal Certificate
* course completion certificate
* communications system course diploma
* Certificate of Achievement
* Certificate of Training
* Operation and Field Maintenance Training certificate of completion
* Microsoft certificate of achievement
* Project+ completion certificate
* fiber optics technician certification
* permanent orders awarding him the Driver Badge
* Enlisted Record Brief
* DA Form 638 (Recommendation for Award) for the Army Commendation Medal (2nd Award)

CONSIDERATION OF EVIDENCE:

1.  The applicant is a staff sergeant (SSG) in the Regular Army who enlisted on 10 July 1995.  He served through multiple reenlistments in military occupational specialty 25U (Signal Support Systems Maintainer) and attained the rank/grade of SSG/E-6 on 1 September 2004.  He served in Kuwait/Iraq from November 2002 to May 2003, in Korea from January 2004 to January 2005, and in Kuwait/Iraq from July 2006 to October 2007.

2.  On 4 December 1999, 23 October 2001, and 12 May 2004, he was awarded his first, second, and third awards of the Army Good Conduct Medal for the periods 10 July 1995 through 9 July 1998, 10 July 1998 through 9 July 2001, and 10 July 2001 through 9 July 2004, respectively.

3.  On 20 May 2007 while serving in Iraq, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for wrongfully bypassing a security mechanism on a government computer.  His punishment consisted of a suspended reduction to sergeant/E-5, a forfeiture of $1,357.00 pay for 1 month, 45 days of restriction to the forward operating base, and 45 days of extra duty.

4.  On 5 July 2007, his immediate commander initiated a memorandum disqualifying him from receiving the Army Good Conduct Medal (4th Award) for the period 10 July 2004 through 9 July 2007.  The immediate commander cited the reason as the Uniform Code of Military Justice action taken against the applicant on 20 May 2007.

5.  The applicant's acknowledgement statement is not available for review with this case.

6.  He submitted various certificates of training and achievement, as well as his NCO and academic evaluation reports throughout his military service, to highlight his service and achievements.

7.  The performance section of his OMPF contains the original and a duplicate copy of the same memorandum.

8.  Army Regulation 600-8-22 (Military Awards) states 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.

9.  Paragraph 4-8 of Army Regulation 600-8-22 prescribes the policy regarding disqualification for the Army Good Conduct Medal.  It 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 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 the appropriate office for filing.  The disqualification memorandum will be permanently filed in the Soldier's OMPF.

10.  Chapter 2 of Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs the composition of the OMPF and states 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.  The evidence of record shows the applicant's commander initiated a memorandum to disqualify the applicant from receiving his fourth award of the Army Good Conduct Medal due to the applicant's misconduct.  His OMPF contains the original memorandum and a duplicate copy.

2.  The immediate unit commander's decision to award the Army Good Conduct Medal is based on his/her personal knowledge and of the individual's official records for periods of service.  Throughout a qualifying period, enlisted Soldiers must willingly comply with the demands of the military environment, be loyal and obedient to their superiors, faithfully support the goals of their organization and the Army, and conduct themselves in such an exemplary manner as to distinguish them from their fellow Soldiers.

3.  It is unknown whether the applicant's commander referred the disqualification memorandum to the applicant according to Army Regulation 600-37.  It is also unclear if the applicant provided a statement or if the immediate commander considered the affected individual's statement.

4.  Nevertheless, there is no doubt that after his mistake in 2007, the applicant rebounded in an outstanding manner.  He has taken big leaps toward improving himself personally and professionally.  He successfully completed several training courses or certifications, received excellent NCO evaluation reports, was awarded several awards, and he recently deployed to Iraq.

5.  He has proven through performance that he is dedicated to bettering himself.  His attitude, which is normally recognized as a major ingredient in the success or achievement of an individual, is that of an NCO who, despite the setback, has soldiered on with a strong desire to serve and grow.

6.  The applicant's date of rank to SSG/E-6 is 1 September 2004.  He has been in the zone for consideration for promotion to sergeant first class.  However, the existence of the two memoranda in his performance fiche is a detractor that stands out as soon as his records are reviewed.  Therefore, in the interest of justice, the original disqualification memorandum should be transferred to the restricted section of his OMPF and the duplicate memorandum should be removed completely from his OMPF.

BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* transferring the disqualification for Good Conduct Medal memorandum, dated 5 July 2007, from the performance to the restricted section of his OMPF
* removing the duplicate disqualification for Good Conduct Medal memorandum, dated 5 July 2007, 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.

ABCMR Record of Proceedings (cont)                                         AR20100028459



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ABCMR Record of Proceedings (cont)                                         AR20100028459



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