1.  The applicant requests that the memorandum disqualifying him for award of the Army Good Conduct Medal for the period November 1994 - November 1997 be removed from his Official Military Personnel File (OMPF).  He states, in effect, that it was based on false statements.

2.  The applicant’s military records show he enlisted in the Regular Army on     21 November 1985.  He was promoted to Staff Sergeant on 1 September 1992.

3.  The applicant’s commander prepared an undated memorandum disqualifying him for award of the Army Good Conduct Medal.  The memorandum was apparently not referred to the applicant for acknowledgment.

4.  In January 1998, the applicant was awarded the Army Good Conduct Medal for the period 21 November 1994 - 20 November 1997.

5.  Army Regulation 600-8-22 provides policy, criteria and administrative instructions concerning individual military decorations.  In pertinent part, it states that if a unit commander determines an individual should be disqualified from award of the Army Good Conduct Medal, he/she will prepare a statement of the rationale for the decision and refer it to the individual according to Army Regulation 600-37.  If, after considering the individual’s statement the commander’s decision remains the same, the commander’s decision, the individual’s statement, and his or her consideration will be permanently filed in the soldier’s OMPF.

6.  In the processing of this case, an advisory opinion was obtained from the U.S. Army Enlisted Records and Evaluation Center (EREC).  EREC opined that the applicant’s request should be approved, since the commander’s memorandum does not include the applicant’s acknowledgment and he was awarded the Army Good Conduct Medal for the same period as the disqualification.

CONCLUSIONS: 

1.  The applicant is correct in asserting that the memorandum of disqualification should not be filed on his OMPF.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by removing the memorandum of disqualification for award of the Army Good Conduct Medal from the OMPF of the individual concerned.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

			                                                                         				 	                                    CHAIRPERSON