IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130019365
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 memorandum disqualifying her for award of the Army Good Conduct Medal (AGCM) from her Army Military Human Resource Record (AMHRR).
2. The applicant states the disqualification memorandum was erroneously submitted and needs to be removed from her official record.
3. The applicant provides:
* email traffic to and from the U.S. Army Human Resources Command (HRC), Fort Knox, KY, all dated 16 October 2013
* a document titled "Email iPERMS [Interactive Personnel Electronics Records Management System] Corrections Job Request, dated
16 October 2013
* a memorandum issued by the commander of the 412th Aviation Support Battalion Rear Detachment, Germany, subject: Disqualification for the Army Good Conduct Medal, dated 5 February 2013
* a DD Form 214WS (Certificate of Release or Discharge from Active Duty Worksheet)
* a Memorandum for Record, issued by a second lieutenant of Headquarters and Headquarters Company, 412th Aviation Support Battalion, subject: Military Status for (applicant's name), dated 2 August 2013
* four change of rater DA Forms 2166-8 (Noncommissioned Officer (NCO) Evaluation Reports) for the period:
* 1 November 2010 through 29 April 2011
* 30 April 2011 through 30 September 2011
* 1 October 2011 through 31 March 2012
* 1 April 2012 through 18 January 2013
* two Headquarters, U.S. Army Recruiting Command (USAREC) Forms 1936 (Letter of Recommendation), dated 2 April 2012 and 25 April 2012
* Army Achievement Medal Certificate, dated 21 October 2011
* Certificate of Appreciation, dated 12 October 2011
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 February 2007 for a period of 4 years and 11 weeks and training as a stock control and accounting specialist. She completed her training and she has remained on active duty through extensions of her enlistment. She was promoted to the rank of sergeant on 1 November 2010.
2. On 5 February 2013, the applicants commander notified her in writing that he was disqualifying her for award of the AGCM for the period 20 February 2010 through 21 February 2013 due to her being under investigation. The applicant acknowledged the notification with her initials.
3. On 16 October 2013, officials at HRC notified the applicant through email that she had to apply to this Board in order to have the memorandum in question removed from her AMHRR.
4. Army Regulation 600-8-104 (AMHRR Management) prescribes policies governing the AMHRR Management Program. Appendix B (Documents Authorized for Filing in the AMHRR and/or iPERMS), Table B-1 (Authorized documents) is a compilation of all forms and documents that have been approved by the Department of the Army for filing in the AMHRR and/or iPERMS. It states for the disqualification statement for award of the Army Good Conduct Medal, file the approval correspondence and statements in the "Performance" folder. File allied documents in the "Restricted" folder.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the AGCM disqualification memorandum was erroneously forwarded for filing in her AMHRR and should be removed has been noted and appears to lack merit.
2. Not only has the applicant failed to provide evidence to support her contention that the disqualification memorandum was erroneously forwarded for filing, she has provided no evidence of support from her chain of command to support her contention.
3. After reviewing the available evidence, it appears that the disqualification memorandum is properly filed in her AMHRR in accordance with the applicable regulations.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130019365
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