IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20150002346
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 memorandum, dated 20 November 2012, from A Company, 62nd Expeditionary Signal Battalion, 11th Brigade, Fort Hood, TX, subject: Disqualification of the Army Good Conduct Medal (hereafter referred to as the contested memorandum) be removed from his Official Military Personnel File (OMPF).
2. The applicant states that a Report to Suspend Favorable Personnel Actions (FLAG) was placed on his Enlisted Record Brief (ERB) and subsequently the disqualification memorandum was drafted. All charges were dropped and the FLAG was removed. He was told that the disqualification memorandum had already placed in his AMHRR and a records correction would need to be completed in order to correct the mistake.
3. The applicant provides a DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)) and a memorandum for record (MFR), subject: Recommendation for Reinstated Promotable Status for [Applicant], dated 15 January 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in Regular Army on 9 November 2009. He is currently serving on active duty as a sergeant.
2. On 20 November 2012, the contested memorandum disapproved him for the award of the Army Good Conduct Medal for the period of active duty service from 9 November 2009 to 8 November 2012 due to being flagged for an adverse action. This memorandum is filed on the performance folder of his AMHRR.
3. An MFR, subject: Recommendation for Reinstated Promotable Status for [Applicant], dated 15 January 2013, shows that his commander recommended his promotable status be reinstated; he was no longer flagged; he was a top performer and set the standard for others to follow; he served as an assistant team leader; and that he was cleared of any wrongdoing from a previous incident.
4. A DA Form 268, dated 28 January 2013, shows that a FLAG code was removed from his record due to being erroneous.
5. Army Regulation 600-8-104 (Army Military Human Resource Records Management (AMHRR)) prescribes the policies and mandated operating tasks for the AMHRR Management Program. It states that once placed in the AMHRR, a document becomes a permanent part of that file. The document will not be removed from the AMHRR or moved to another part of the AMHRR unless directed by competent authority.
DISCUSSION AND CONCLUSIONS:
Based on the removal of the DA Form 268 and the applicant being cleared of any wrongdoing, the reason for the contested memorandum is no longer valid. Therefore, it is appropriate to remove the contested memorandum from his OMPF.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 the memorandum, dated 20 November 2012, from A Company, 62nd Expeditionary Signal Battalion, 11th Signal Brigade, Fort Hood, TX, subject: Disqualification of the Army Good Conduct Medal to [Applicant] from his OMPF.
_______ _ _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.
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