IN THE CASE OF:	

		BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20150000213


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 an Army Good Conduct Medal (AGCM) disqualification memorandum, dated 19 November 1997, from his Official Military Personnel File (OMPF).

2.  The applicant states his OMPF contains a disqualification statement for award of the AGCM, dated 19 November 1997; however, he was awarded the AGCM for the period 25 July 1996 to 24 July 1999 on 4 February 2000, so he doesn't understand why the memorandum is still in his records.  He believes it should be removed because he was awarded the AGCM for that time frame.

3.  The applicant provides a copy of the disapproval memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 July 1996.  He served through multiple reenlistments in military occupational specialty 92F (Petroleum Supply Specialist) and attained the rank/grade of SSG/E-6 on 1 October 2004.  He was discharged from the Army on 16 December 2011.  He was appointed as a second lieutenant in the Regular Army and entered active duty on                   17 December 2011.  He was promoted to first lieutenant on 17 June 2013.

2.  On 19 November 1997, his immediate commander initiated a memorandum notifying him that he intended to disqualify him from receiving the AGCM for the period July 1996 through July 1999.  As the reason, his commander cited his failure of the Army Physical Fitness Test (APFT).  The applicant did not acknowledge receipt of this notification memorandum; however, despite this, his commander affirmed his decision to disqualify the applicant from receiving the AGCM.

3.  The performance section of his OMPF contains the following documents related to his AGCM award history:

a. The notification memorandum of AGCM disqualification, dated 
19 November 1997.

	b.  Permanent Orders 038-01, issued by Detachment B, 4th Personnel Battalion, Fort Carson, Colorado on 4 February 2000, awarded him the AGCM (2nd Award) [sic] for the period 25 July 1996 to 24 July 1999.  

	c.  Permanent Orders 309-47, issued by Detachment C, 502nd Personnel Services Battalion, Fort Carson, Colorado on 5 November 2002, awarded him the AGCM (2nd Award) for the period 25 July 1999 to 24 July 2002.  

	d.  Permanent Orders 172-019, issued by Detachment D, 502nd Personnel Services Battalion, Fort Carson, Colorado on 21 June 2005, awarded him the AGCM (3rd Award) for the period 25 July 2002 to 24 July 2005.

	e.  Permanent Orders 020-006, issued by Headquarters, 4th Brigade Support Battalion, 1st Stryker Brigade Combat Team, 4th Infantry Division, Fort Carson, Colorado on 20 January 2015, awarded him the AGCM (4th Award) for the period 25 July 2005 to 24 July 2008.    

4.  His DD Form 214 for the period ending 16 December 2011 indicates he was awarded the AGCM (5th Award); however, those orders are not located in his OMPF.

5.  Army Regulation 600-8-22 (Military Awards) states the AGCM 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.  Unit commanders are authorized to award the AGCM to enlisted personnel serving under their command jurisdiction who meet the established criteria.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.



6.  Army Regulation 600-8-22, paragraph 4-8 prescribes the policy pertaining to disqualification for the AGCM.  It provides that in instances of disqualification as determined by the unit commander, the commander will prepare a memorandum stating the rationale for his or her decision.  This memorandum will include the period of disqualification and will be referred to the individual according to Army Regulation 600-37 (Unfavorable Information), paragraph 3-6.  The unit commander will consider the affected individual's statement.  If the commander's decision remains the same, the commander will forward his or her memorandum and the individual's statement, and his or her consideration to the appropriate office for filing.  The disqualification memorandum will be permanently filed in the Soldier's OMPF.

7.  Army Regulation 600-8-104 (Army Military Human Resource Record Management), chapter 2, governs the composition of the OMPF and states that the performance section is used for filing performance, commendatory and disciplinary data.  Once placed in the OMPF, the document becomes a permanent part of that file.  The document will not be removed from the performance section or moved to another section unless directed by certain agencies, to include this Board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for removal of an AGCM disqualification memorandum from his OMPF was carefully considered.  He contends the memorandum should be removed because he was awarded the AGCM for the period cited in the disqualification memorandum.

2.  A unit commander’s decision to award the AGCM is based on his/her personal knowledge of a Soldier's performance of duty and the individual’s official records for a given period of service.  

3.  The evidence of record shows the applicant's commander initiated a memorandum to disqualify him from receiving his initial award of the AGCM.  His OMPF contains this disqualification memorandum.  His commander's decision to disqualify him from being awarded the AGCM was based on his personal knowledge of the applicant's performance during the period in question, as well as his failure of the APFT.  

4.  Despite the subject disqualification memorandum, it appears the applicant was later awarded the AGCM for the same period of service for which he was denied the initial award.  His initial award of the AGCM was published contrary to his unit commander's decision to deny him his initial award; therefore, it could be deemed improper.  Nevertheless, it is not the Board’s practice to change a record when the end result will cause an applicant to be worse off than prior to beginning the appeals process.  Therefore, the appropriateness of the applicant's initial AGCM award should not be judged in these proceedings.  The evidence shows he was awarded the AGCM for each subsequent 3-year period of service following his initial award.   

5.  The evidence of record does not contain any documentation and the applicant has not provided any documentation that shows the subject disqualification memorandum was issued in error.  Absent any evidence of error or injustice in the AGCM disqualification process, there is not a sufficiently compelling reason to remove the AGCM disqualification memorandum from his OMPF.

6.  Based on 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)                                         AR20100028459



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ABCMR Record of Proceedings (cont)                                         AR20150000213



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