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ARMY | BCMR | CY2013 | 20130021838
Original file (20130021838.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  28 January 2014

		DOCKET NUMBER:  AR20130021838 


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 the removal of documents from the performance folder of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, pertaining to disqualification for award of the Army Good Conduct Medal (AGCM).

2.  The applicant states the documents in question were signed by someone other than himself and contends that he was not aware of why he was flagged because he was not counseled on being flagged.  He goes on to state he was not in the unit when he was disqualified.  Additionally, he tried to get it removed ever since he found out the documents were in his records and that they were forged.

3.  The applicant provides copies of the documents in question.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 September 1998 for a period of 3 years and training as a cannoneer.  He completed his one-station unit training at Fort Sill, OK and has remained on active duty through continuous reenlistments.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on
1 December 2002 and to staff sergeant (SSG)/E-6 on 1 September 2005.

2.  The documents in question are undated and indicate the unit commander disqualified him for the 2nd award of the AGCM for the period 20010918 through 20040917 based on his being flagged.  The form indicates the applicant elected not to make a statement in his own behalf.

3.  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 interactive Personnel Records Management System (iPERMS).

4.  Military Personnel (MILPER) Message 13-024 (Changes to Documents Authorized for Filing in the AMHRR and/or iPERMS), issued on 28 January 2013, states effective immediately, Army Personnel Records Division will update the list of authorized documents for filing in the AMHRR quarterly.  The new list of authorized documents will supersede the list in Army Regulation 600-8-104, Appendix B, Table B-1.  The updated lists states for disqualification of the AGCM, file the disqualification statement for award of the Good Conduct Medal in the performance folder of iPERMS.

DISCUSSION AND CONCLUSIONS:

1.  The applicantÂ’s contention that the AGCM disqualification memorandum was erroneously forwarded for filing in his 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 his contention that the disqualification memorandum was erroneously forwarded for filing, he has provided no evidence to show that the documents were forged or any support from his chain of command to support his contention.

3.  After reviewing the available evidence, it appears the disqualification memorandum is properly filed in his 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)                                         AR20130021838



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20130021838



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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