BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110014190 


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 correction of his military records by removing disqualification memoranda for the Army Good Conduct Medal (AGCM) from his official military personnel file (OMPF).

2.  The applicant states he received a disqualification memorandum for the AGCM due to an apparently pending nonjudicial punishment (NJP) action.  He contends he never received NJP and was subsequently awarded the AGCM.  He is concerned that the disqualification memoranda will adversely affect him in the future.

3.  The applicant provides copies of two disqualification memoranda, dated 6 January 2010, and Permanent Orders 067-12, Fort George G. Meade, dated 8 March 2010.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application he was serving in the Regular Army as a sergeant first class/pay grade E-7.

2.  The applicant's OMPF contains the following orders awarding him the AGCM for the periods indicated:

* Permanent Orders 070-13, dated 10 March 2004, for the period 23 February 2001-22 February 2004
* Permanent Orders 036-06, dated 5 February 2007, for the period 22 February 2004-21 February 2007
* Permanent Orders 067-12, dated 8 March 2010, for the period 22 February 2007-21 February 2010

3.  The applicant's OMPF contains two memoranda, dated 6 January 2010, subject:  Disqualification of the Army Good Conduct Medal.

	a.  The first memorandum is from his company commander to the applicant advising him that his AGCM was disapproved for the period from 20 February 2007 to 21 February 2010 because of his pending action under the Uniform Code of Military Justice (UCMJ).  The applicant was offered an opportunity to submit a written rebuttal.  The memorandum is signed by the commander and initialed by an unidentified individual indicating the applicant was either not available to sign or had refused to sign the memorandum.

	b.  The second memorandum from the applicant's commander is addressed to the Personnel Service Branch, Adjutant General Military Service Division, Fort Riley, Kansas, and informed that office the applicant had been disqualified for award of the AGCM for the period 27 July 2006-27 July 2009.

4.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  This regulation requires that in instances of disqualification for award of the AGCM as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.

	b.  This statement will include the period of disqualification and will be referred to the individual concerned for response.

	c.  The unit commander will consider the 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.

	d.  The immediate commander's decision to award the AGCM will be based on his or her personal knowledge and of the individual's official records for the periods of service under previous commanders during the period for which the award is to be made.

	e.  There is no right or entitlement to the AGCM until the immediate commander has approved the award and the award has been announced in permanent orders.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides that all personnel information recorded under the authority of this regulation is the property of the U.S. Government.

	a.  Once recorded, it will not be removed except as provided by law or this regulation.

	b.  Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from or moved to another part of the OMPF unless directed by one or more of the following:

* Army Board for Correction of Military Records (ABCMR)
* Department of the Army Suitability Evaluation Board (DASEB)
* Army appeal boards
* Chief, Appeals and Corrections Branch, Human Resources Command
* OMPF custodian when documents have been improperly filed
* Commander, Human Resources Command (HRC), as an approved policy change to this regulation
* Chief, Appeals Branch, National Guard Personnel Center

	c.  Documents designated for transfer from the performance or service section of the OMPF will be moved to the restricted section, if authorized.  When discovered by the custodian or requested by the Soldier concerned, transfer restricted documents mistakenly filed in the performance or service section to the restricted section.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that disqualification memoranda for the Army AGCM should be removed from his OMPF because the disqualification was based on a pending NJP he never received.

2.  The evidence of record contains the commander's memoranda dated 
6 January 2010, disqualifying the applicant for award of the AGCM for the period from 27 July 2006 through 27 July 2009 based on a pending UCMJ action.  The record also contains Permanent Orders Number 067-12, dated 8 March 2010, awarding the applicant the AGCM for a period that falls within the period that his commander had disqualified.  
3.  There is no evidence of record concerning any NJP or other UCMJ action.  However, that does not mean there was no such action, only that the record may be incomplete.

4.  The available evidence and argument from the applicant does not sufficiently substantiate which document is in error.  Either the commander's memorandum was incorrect, or the personnel office published orders in error.  Accordingly, there should be another document showing either a revocation of the AGCM orders or the commander explaining his withdrawal of the award disqualification.

5.  In view of the above, the applicant's request should be denied.

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 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)                                         AR20110014190



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ABCMR Record of Proceedings (cont)                                         AR20110014190



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