IN THE CASE OF:	  

		BOARD DATE:  12 June 2012

		DOCKET NUMBER:  AR20120006492 


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 that the memorandum of disqualification for the Good Conduct Medal be moved to the restricted portion of his file. 

2.  The applicant states he has recently had a related nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, moved to his restricted file.  He has been non-selected for promotion to sergeant first class (SFC) a second time and believes the continued presence of the memorandum has negatively impacted his promotion potential.  He has learned from his mistake and uses his mistake to teach his Soldiers.  

3.  The applicant provides copies of the Department of the Army Suitability Evaluation Board (DASEB) application with the Record of Proceedings and five Noncommissioned Officer Evaluation Reports (NCOER).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program on 21 November 1997 and entered active duty in the Regular Army (RA) on 1 July 1998.  He has served on continuous active duty with his last reenlistment commencing on 4 February 2009.  On 1 May 2008, he was promoted to staff sergeant.



2.  On 4 May 2007, the applicant received NJP for making a false official statement by submitting a false college transcript.  His punishment consisted of reduction to specialist (E-4) (suspended), forfeiture of $1,031.00 per month for two months (suspended), and 45 days of extra duty.

3.  The applicant received an annual NCOER, for the period ending 30 September 2007, which noted his personal conduct as it pertained to the Article 15 incident. 

4.  On 3 December 2007, the applicant was notified that his command considered him disqualified for award of the Army Good Conduct Medal, for the period from 1 July 2004 through 30 June 2007, due to his receipt of the above NJP.

5.  The applicant was deployed to Afghanistan for the period January - December 2009.  The record shows four prior short tour deployments to the Middle East, one to Afghanistan, and three to Iraq.

6.  Prior to the disqualification memorandum, the applicant was awarded the Good Conduct Medal for the periods 1 July 1998 through 30 June 2001 and 1 July 2001 through 30 June 2004.  He received a third award of the Good Conduct Medal for the period 30 June 2007 to 29 June 2010.  His records include two different sets of orders for his first Good Conduct Medal and his orders for the third award incorrectly show it as a second award.

7.  Since the issuance of the disqualification memorandum, the applicant has been awarded the Defense Meritorious Service Medal, Joint Service Achievement Medal, and the North Atlantic Treaty Organization (NATO) Medal and has served a full (11-month) tour of duty in Afghanistan.

8.  On 24 March 2011, the applicant requested transfer of the NJP and the Disqualification Statement for Award of the Good Conduct Medal to the restricted portion of his Official Military Personnel File (OMPF).  

9.  On 31 May 2011, the DASEB approved the applicant's request to have the 4 May 2007 NJP and all related documents transferred to the restricted portion of his records.  The DASEB determined that they did not have the authority to also act on the issue of the transfer of the disqualification statement as it did not fall within their authority.  The DASEB noted that this Board was the appropriate agency to address his request for transfer of the disqualification memorandum. 


10.  The applicant's file contains 10 NCOER's.  On all of the evaluations, except the evaluation covering the period of his misconduct, all of his raters marked him as among the best and his senior raters in the far left (highest) successful block in performance and overall potential.  Four recommended promotion ahead of his peers and five recommended he be promoted immediately.  On the NCOER covering the period of his misconduct he was rated as fully capable and in the successful/superior blocks with a recommendation to promote with his peers.

11.  The applicant's record shows he was non-selected for promotion by the FY2011 SFC Promotion Board and the applicant reports that he has again been non-selected for promotion to SFC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant committed an offense for which he received the appropriate disciplinary action, the issuance of the NJP.

2.  His command also determined that the offense warranted a disqualification for the award of the Good Conduct Medal and duly issued the disqualification memorandum.

3.  The DASEB determined that the NJP had served its purpose and it and all allied documents should be transferred to the restricted portion of the applicant's file,  It was also determined that the transfer of the disqualification memorandum did not fall under their authority.

4.  The transfer of the disqualification memorandum is not appropriate.  It was not meant as a teaching tool, where moving it to the restricted fiche would be warranted after the applicant had “learned from his mistake.”  It is a historical document of his Good Conduct Medal eligibility history and as such should remain filed on his performance fiche.  

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 that 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)                                         AR20120006492





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ABCMR Record of Proceedings (cont)                                         AR20120006492



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