IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140012106
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 addition of his Army Good Conduct Medal (AGCM) (4th Award) to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he has orders and it is not listed on his DD Form 214.
3. The applicant provides a copy of Permanent Order 095-002 dated 5 April 2013 and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 April 2001. He completed the training requirements and was awarded military occupational specialty 42A (Human Resources Specialist).
2. On 26 May 2014, he was retired from active duty under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability, permanent (enhanced) in the rank/grade of staff sergeant (SSG)/E-6.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the ACGM (3rd Award).
4. His record shows he accepted nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on 26 March 2007 for multiple specifications of disobeying a lawful order from a superior.
5. On 9 June 2007, his immediate commander initiated a memorandum for record (MFR) denying him the AGCM. As the reason for this action, his commander cited the applicant's receipt of NJP as a noncommissioned officer (NCO). The rationale was that in addition to the NJP, he was counseled for lying to a senior NCO. Thus, his character and conduct failed to meet the expectations of an NCO. There was no period of service noted in this memorandum.
6. A review of his record reveals:
a. Permanent Orders 96-17, issued by Delta Detachment, 38th Personnel Service Battalion, APO AE on 5 April 2004, which awarded him the AGCM (1st Award) for the period 6 April 2001 to 5 April 2004.
b. The AGCM disqualification MFR, dated 9 June 2007.
c. Permanent Orders 095-002, issued by HHC, 2d Engineer Brigade, U.S. Army Alaska, Joint Base Elmendorf-Richardson, Alaska on 5 April 2013, awarded him the AGCM (4th Award) for the period 4 April 2010 to 5 April 2013.
7. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the AGCM (4th Award) was carefully considered.
2. The available evidence of record clearly shows the applicant was awarded his first AGCM for the period 6 April 2001 to 5 April 2004. Therefore, the period of service for award for the second AGCM started on 6 April 2004 and ran through 5 April 2007. However, during this period of service, the applicant received NJP on 26 March 2007 and his commander provided a memorandum of record as justification in denying the award, which would have been his second award.
3. Although no order exists in his record for the issuance of an award for the subsequent three-year period of service (6 April 2007 to 5 April 2010), his DD Form 214 does support that he was awarded the AGCM and therefore suggests he was qualified during this period of service. This would have officially been listed as "AGCM (2nd Award)."
4. Permanent Order 095-002 shows he was awarded the AGCM (4th Award) during the period of service (4 April 2010 to 5 April 2013) before he was honorably retired. This should have officially been listed as "AGCM (3rd Award);" therefore, the permanent order is incorrect.
5. The evidence shows that his DD Form 214 accurately reflects the number of AGCMs he was awarded. In view of the foregoing, there is an insufficient basis to grant the 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) AR20120016975
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140012106
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090021494
The applicant requests upgrade of her general discharge to an honorable discharge. On 31 August 2007, the applicant was counseled on her failure to submit an adequate FCP and informed that her chain of command was initiating separation proceedings under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-8 (Involuntary Separation Due to Parenthood). The applicant's request to upgrade her general discharge to an...
ARMY | BCMR | CY2013 | 20130007655
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120013664 on 26 February 2013. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 to show award of the Army Commendation Medal (4th Award). _______ _ X ______ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2014 | 20140003032
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 31 December 2013 to show he was awarded the Army Achievement Medal (AAM)(6th Award) and the Army Good Conduct Medal (AGCM) (7th Award). The applicant states, in effect, his DD Form 214 erroneously shows he was awarded the Army Achievement Medal (4th Award) and the Army Good Conduct Medal (2nd Award). As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2014 | 20140012768
U.S. Army Human Resources Command Permanent Order 002-07, dated 2 January 2013, awarded members of the 4th Engineer Battalion the Valorous Unit Award for the period 1 May 2009 to 10 February 2010. DISCUSSION AND CONCLUSIONS: The applicant retired prior to the final authorization of the award of the Valorous Unit Award to the 4th Engineer Battalion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Valorous Unit...
ARMY | BCMR | CY2001 | 2001055167C070420
The applicant requests that his Official Military Personnel File (OMPF) be corrected by correcting the discrepancies in his Army Good Conduct Medal (AGCM) orders. In accordance with the advisory opinion, it would be appropriate to remove PO 118-43 dated 6 September 1994 and the copy of PO 202-157 dated 21 July 2000 which awarded him the AGCM 4 th award for the period 6 May 1997 – 5 May 2000 from his OMPF. That all of the Department of the Army records related to this case be corrected by...
ARMY | BCMR | CY2013 | 20130002726
The applicant requests the Valorous Unit Award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). DISCUSSION AND CONCLUSIONS: The Valorous Unit Award was awarded to the 576th Engineer Company for the period 1 May 2009 to 10 February 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Valorous Unit Award to the awards listed on his DD Form 214.
ARMY | BCMR | CY2005 | 20050006498C070206
The Personnel Qualification Record prepared at this time shows, in Item 5 (Overseas Service), that he served in Korea for 12 months from 4 August 1999 through 3 August 2000. The instructions contained in the separation documents regulation for completion of Item 14 state of the DD Form 214 state, in pertinent part, that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered. Item 13 - add...
ARMY | BCMR | CY2014 | 20140013384
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Good Conduct Medal (AGCM) (5th Award). The applicant provides a DD Form 214 and orders for the AGCM (5th Award). It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2014 | 20140016643
The applicant requests, in effect, removal of the Army Good Conduct Medal (AGCM) disqualification memorandum and associated documents from his Official Military Personnel File (OMPF) and award of the AGCM for the period 17 November 2005 to 16 November 2008. The applicant contends the AGCM disqualification memorandum and associated documents that are filed in his OMPF should be removed and he should be awarded the AGCM for the period 17 November 2005 to 16 November 2008, because the...
ARMY | BCMR | CY2012 | 20120009142
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (5th Award) * Army Achievement Medal (AAM) (5th Award) * Army Superior Unit Award (ASUA) (2nd Award) * Army Good Conduct Medal (AGCM) (4th Award) * National Defense Service Medal (NDSM) (2nd Award) * Noncommissioned Officer (NCO)...