IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140020979
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 correction of his Army Military Human Resource Record (AMHRR) by removing documentation for disqualification of the Army Good Conduct Medal (AGCM) for the 3-year period ending on 31 July 2014.
2. The applicant states the disqualification memorandum for award of the AGCM was written in error based on incorrect information showing he was overweight. The commander did not realize that the record was in error and that he was not overweight. He was also never notified of this action and was not given a chance to rebut the memorandum. At the time, he was attending the M1A2 Master Gunner Course and was very reachable through e-mail, cell phone, and through the Master Gunner School, but the command never attempted to contact him.
3. The applicant provides copies of:
* Good Conduct Medal Roster, dated 5 August 2014
* Memorandum, Disqualification of the AGCM, dated 8 August 2014
* Orders 260-001, Fort Riley, KS, dated 17 September 2014
* Memorandum for Record, Erroneous Denial of AGCM, dated 30 October 2014
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving in the Regular Army as a staff sergeant, pay grade E-6.
2. A Good Conduct Medal Roster, dated 5 August 2014, indicates that the applicant was ineligible to receive the AGCM for the period ending on 31 July 2014.
3. A memorandum dated 8 August 2014, as provided by the applicant and currently filed in his AMHRR states that his commander had disapproved him for award of the AGCM for the period ending on 31 July 2014 due to his being overweight.
4. Orders 260-001, Fort Riley, KS, dated 17 September 2014, as provided by the applicant and currently filed in his AMHRR, announced the applicant's award of the AGCM for the period ending 31 July 2014.
5. A memorandum, dated 30 October 2014, signed by the same commander who had disapproved the subject AGCM, states that the denial was erroneous and requested that the denial be overturned.
6. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides the following:
a. All personnel information recorded under the authority of this regulation is the property of the U.S. Government. Once recorded, it will not be removed except as provided by law or this regulation.
b. Once placed in the AMHRR, the document becomes a permanent part of that file. The document will not be removed from a section or moved to another part of the AMHRR unless directed by one or more of several listed agencies, including this Board.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows the applicant was initially denied the AGCM due to incorrect information concerning his being overweight. However, the same commander was made aware of the error and took action to correct the matter by awarding the applicant the AGCM. Accordingly, it would be appropriate to remove all documentation concerning this error from his AMHRR.
BOARD VOTE:
____X____ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 all documentation pertaining to the disqualification of the Army Good Conduct Medal for the period ending on 31 July 2014.
____________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) AR20140002461
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ABCMR Record of Proceedings (cont) AR20140020979
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