IN THE CASE OF:	  

		BOARD DATE:	    21 February 2012

		DOCKET NUMBER:  AR20110019636 


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 to remove a memorandum, dated 28 October 2010, disqualifying him for award of the Army Good Conduct Medal (AGCM) for the period 23 July 2007 through 22 July 2010.

2.  The applicant states the battalion S-1 (Personnel Officer) mistakenly sent an AGCM disqualification memorandum for the period 23 July 2007-23 July 2010 for filing in his Official Military Personnel File (OMPF).  The correct AGCM memorandum indicating approval of the AGCM for the same period of service was subsequently sent for filing in the OMPF.  Both memoranda are signed by the same commander.  When he requested removal of the disqualification memorandum he was informed that such action would have to be done by the Army Review Boards Agency.

3.  The applicant provides copies of:

	a.  a memorandum, dated 28 October 2010, subject:  Disqualification for AGCM;

	b.  a memorandum, dated 23 August 2011, subject: Approval for AGCM; and

	c.  email communication between the applicant and the Human Resources Command (HRC) Interactive Personnel Electronic Records Management System (iPerms).


CONSIDERATION OF EVIDENCE:

1.  At the time of his application the applicant was serving in the Regular Army (RA) as a sergeant first class, pay grade E-7.

2.  The applicant's OMPF in iPerms contains two memoranda pertaining to the applicant's qualifications for award of the AGCM for the period 23 July 2007 through 22 July 2010.

	a.  Both memoranda were signed by the same commanding officer.

	b.  The earlier memorandum states he is disqualified for award of the AGCM but does not provide any reason for the disqualification and does not indicate the applicant was made aware of this decision or given any opportunity to rebut it.

	c.  The second memorandum, dated 23 August 2011, states the applicant's commander approved award of the AGCM for the same period as stated in the first memorandum.

3.  Army Regulation (AR) 600-8-22 (Military Awards):

	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.  Although there is no automatic entitlement to the AGCM, disqualification 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 individual’s statement.

	c.  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.  However, 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.
4.  AR 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 United States Government.

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

	b.  Types of authorized military personnel files are the OMPF, Military Personnel Records Jacket, Career Management Individual File, and the Classified Personnel Record.

	c.   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:

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by removing the memorandum, dated 28 October 2010, disqualifying him for award of the AGCM for the period 23 July 2007 through 22 July 2010.

2.  The subject memorandum disqualifying the applicant for award of the AGCM does not meet the regulatory requirements because it does not state the rationale for the disqualification.  Furthermore, there is no evidence showing the applicant was made aware of this decision or given an opportunity to rebut the disqualification.

3.  The subsequent memorandum, submitted by the same commander, approved award of the AGCM for the applicant for the same period of service as the first memorandum.  This is a strong indication that the first memorandum was nothing more than a mistake.  Therefore, the first memorandum should be removed from all sections of the applicant's OMPF.



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 removing from all sections of his OMPF the memorandum, dated 28 October 2010, disqualifying him for award of the AGCM.
 


      __________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)                                         AR20110019636



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ABCMR Record of Proceedings (cont)                                         AR20110019636



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