IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20110000317
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 a Disqualification of the Army Good Conduct Medal memorandum, dated 16 March 2010, from her Official Military Personnel File (OMPF). In addition, she requests award of the Army Good Conduct Medal (5th Award) for the period 23 February 2007 through 22 February 2010.
2. She states that her Battalion S-1 failed to follow procedures for disqualification of the Army Good Conduct Medal. The Battalion S-1 misquoted, generalized,and did not properly apply procedures to:
* Army Regulation 600-8-22 (Military Awards)
* Army Regulation 380-67 (Personnel Security Program)
* Army Regulation 601-280 (Army Retention Program)
3. Although, she was flagged and enrolled in the Army Weight Control Program she had made significant progress going from 8 percent to a 1 percent body fat difference. She further states that, in addition they failed to follow procedures outlined in Army Regulation 600-8-104, paragraph 4-8c, that states documentation will be forwarded to a Servicemember's OMPF if the commander's decision remains the same. That was not the case in her situation. The Commander reconsidered and approved her Army Good Conduct Medal.
4. She was told by her Battalion S-1 that it would take several weeks before the removal of the Disqualification of the Good Conduct Medal memorandum would take place. During that time she permanently changed stations in August 2010. Prior to in-processing at her new assignment she reviewed her records online and found that the disqualification memorandum was still in her OMPF.
5. She provides three memoranda from the 202nd Military Intelligence Battalion, with dates 12 March 2010 and 15 March 2010, and a memorandum from the U.S. Army Intelligence and Security Command, dated 16 March 2010.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior service in the U.S. Army Reserve (USAR). She enlisted in the Regular Army on 23 February 1995 and continues to serve on active duty.
2. Her OMPF contains Permanent Orders 002-0024, dated 3 January 2007, issued by the U.S. Army Signal Center and Fort Gordon, GA that show she was awarded the Army Good Conduct Medal (4th Award) for the period 23 February 2004 through 22 February 2007.
3. Her OMPF contains a Disqualification of the Army Good Conduct Medal memorandum dated 12 March 2010, for the period "21" February 2007 through
22 February 2010, signed by her company commander. In addition, her OMPF contains a Rebuttal of the Army Good Conduct Medal, dated 12 March 2010, and a memorandum for Disqualification of the Good Conduct Medal from the U.S. Army Intelligence and Security Command, 513th Military Intelligence Brigade, dated 16 March 2010.
4. By memorandum, dated 15 March 2010, her company commander indicated that all documents contained on her OMPF pertaining to disqualification of the Army Good Conduct Medal were to be removed from her OMPF. The company commander based his decision upon the current understanding of the regulation at the time. He had been made aware that a Soldier being flagged for failing the Army Overweight Program did not disqualify a Soldier from award of the Army Good Conduct Medal. He further stated that due to the discrepancy the applicant would be awarded the Army Good Conduct Medal (5th Award) for the period
23 February 2007 through 22 February 2010.
5. 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. Paragraph 2-4 states that once a document is placed in the OMPF, it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by, among other agencies, the Army Board for Correction of Military Records.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that Disqualification of the Army Good Conduct Medal memoranda were place in the applicant's OMPF for the period 23 February 2007 through 22 February 2010. However, her company commander retracted the disqualification of the Army Good Conduct Medal and directed that all the disqualification of the Army Good Conduct Medal memoranda be removed from her OMPF and that she to be awarded the Army Good Conduct Medal (5th Award) for the period 23 February 2007 through 22 February 2010, based on the completion of a qualified period.
2. Based upon the commander's current statements, it would be appropriate to remove the referenced memoranda and to award her the Army Good Conduct Medal.
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:
a. removing all Disqualification of the Army Good Conduct Medal memoranda that pertain to the period 23 February 2007 through 22 February 2010 from the applicant's OMPF; and
b. awarding her the Army Good Conduct Medal (5th Award) for the period
23 February 2007 through 22 February 2010
_______ _ 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) AR20110000317
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