PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           25 October 2001                   
	DOCKET NUMBER:   AR2001061446

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests the removal of two documents contained in the Disciplinary Data section of his Official Military Personnel File (OMPF).  (In actuality, there are not two documents that he wishes removed, but rather the basic memorandum with the first endorsement thereon and the second endorsement on a separate page.)

3.  The applicant states that the document he wishes removed is a Disqualification for Award of the Army Good Conduct Medal memorandum dated 14 September 1993.  He says that the same commander who directed filing of the memorandum of disqualification later awarded him an Army Good Conduct Medal for the same period.  

4.  In support of his request, he submits a copy of a memorandum, Subject: Disqualification for Award of the Good Conduct Medal with first and second endorsements, a copy of Permanent Orders 76-25, dated 5 May 1994, awarding him the Good Conduct Medal Clasp (2d Award) for the period 3 December 1990 to 2 December 1993, and a copy of a Department of the Army Good Conduct Medal Certificate for the period 3 December 1990 to 2 December 1993.

5.  The applicant’s military record shows that he is currently a staff sergeant on active duty stationed in Europe.  

6.  His OMPF contains a copy of a memorandum, Subject: Disqualification for Award of the Good Conduct Medal with first and second endorsements.  That memorandum was inserted in his file based on a summarized record of nonjudicial punishment (NJP) (summarized NJP’s are not filed on the OMPF).  The period of disqualification for the Good Conduct Medal is shown as November 1990 to December 1993 and is signed by his unit commander.

7.  Permanent Orders 76-25 approved the award of the Army Good Conduct Medal Clasp (2d Award) on 5 May 1994 for the period 3 December 1990 to 2 December 1993.  The Good Conduct Medal Certificate submitted with his application is for the same period, and is signed by the same unit commander who signed the memorandum of disqualification for the Good Conduct Medal contained in his OMPF.

8.  In the processing of this case, a staff advisory opinion was obtained from the US Army Enlisted Records and Evaluation Center (EREC).  It confirms that the applicant’s OMPF contains a Memorandum for Disqualification of the Army Good Conduct Medal, and that he also received a Good Conduct Medal for the same period covered by the disqualification memorandum.  EREC recommends that the disqualification memorandum be expunged from the applicant’s OMPF.  The applicant concurred with the EREC recommendation.

CONCLUSIONS:

1.  The Board agrees with the applicant’s contention that the subsequent issuance of the Good Conduct Medal for the same period and by the same commander who prepared the initial Memorandum for Disqualification of the Good Conduct Medal makes retention of that document in the OMPF unjust.

2.  Accordingly, the memorandum, Subject: Disqualification for Award of the Good Conduct Medal with first and second endorsements, dated 14 September 1993 should be removed from the Disciplinary Data section of his OMPF.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by removing from the OMPF of the individual concerned the memorandum, Subject: Disqualification for Award of the Army Good Conduct Medal, and second endorsement thereto, dated 14 September 1993.

BOARD VOTE:  

___kan__  ___reb __  ____rjw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Raymond J. Wagner_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001061446	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011025	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  134.00		
2.		
3.		
4.		
5.		
6.