IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20130010363
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 a memorandum, dated 9 February 1999, for disqualification of the Army Good Conduct Medal (AGCM) and related files be removed from her Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).
2. The applicant states:
a. in 1999, she was disapproved for the AGCM for the period 1 October 1995 through 30 September 1998, but she later received the AGCM for the same period in 2000.
b. the disqualification memorandum for the AGCM is in her AMHRR along with the orders awarding her the AGCM. This discrepancy makes her record for the promotion board incorrect. She doesn't know if she should or should not be wearing the AGCM.
c. she believes the disqualification memorandum should not have been issued. She was disqualified because of a physical training failure and the regulations on the memorandum have nothing to do with the disqualification of an AGCM.
d. there are inconsistencies in the documents. She was not aware of the documents until after the release of the Sergeant First Class results for Fiscal Year 2013. She has been in the Army for 17 years and has been doing everything she needs to do in order to get promoted. As long as the documents are in her file, her Enlisted Record Brief (ERB), her AMHRR, and board files will be incorrect.
3. The applicant provides:
* Disqualification memorandum, dated 9 February 1999, and related document
* Permanent Orders 151-00024, dated 30 May 2000, for the first award of the AGCM
* ERB
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract shows she enlisted in the Regular Army (RA) on 2 October 1995. She has remained on active duty through continuous reenlistments.
2. She provides a memorandum, dated 9 February 1999, which shows:
* she was disqualified for the AGCM for the period 1 October 1995 through
30 September 1998 for failing a record Army Physical Fitness Test (APFT)
* she elected not to make a statement
3. She provides an undated letter which states:
* the disqualification was approved by her command
* the disqualification and endorsements will be placed in her AMHRR
4. She also provided Permanent Orders 151-00024, dated 30 May 2000, which show she received the first award of the AGCM for the period 2 October 1995 through 1 October 1998.
5. She was promoted to staff sergeant on 1 April 2007.
6. A review of the restricted section of her AMHRR in the interactive Personnel Electronic Records Management System revealed a copy of the disqualification memorandum, dated 9 February 1999, and related letter. The performance section of her AMHRR revealed a copy of Permanent Orders 151-00024, dated 30 May 2000.
7. Army Regulation 600-8- 2 (Suspension of Favorable Personnel Actions (Flag)) states a Flag will be initiated when a Soldier fails a record APFT and the Flag will be removed on the date the Soldier passes the record APFT.
DISCUSSION AND CONCLUSIONS:
1. By the applicant's own admission, she was flagged at the time for failing an APFT. Once she passed the APFT, the Flag was lifted and she was awarded the AGCM retroactively.
2. Since she received the first award of the AGCM for the period 2 October 1995 through 1 October 1998, it is reasonable to presume the disqualification memorandum and related letter no longer has a purpose and that it is in the best interest of the Army to remove this documentation from her AMHRR.
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 the disqualification memorandum, dated 9 February 1998, and related letter from her AMHRR.
___________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) AR20130010363
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