PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           12 August 2003                  
	DOCKET NUMBER:   AR2003084121

	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	
	M . Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones, II		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 that the Good Conduct Medal disqualification statement, currently located on the performance (P) fiche of his Official Military Personnel File (OMPF), be removed from his records.

3.  The applicant states that he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice in pay grade E-4 with less than two years service for “Illegal use of a Government Phone.”  He says he was told that the record of the NJP would remain on the restricted (R) fiche of his OMPF.  He further states that the record of NJP has, in fact, remained on the R fiche however, the Good Conduct Medal disqualification memorandum, which was based on the NJP, remains on the P fiche and the applicant feels that this will affect his chances for promotion to higher grades.  He requests that the Board consider the “Whole Soldier” against the “Young Soldier.”  The applicant admits that he made a mistake, but feels he paid for his mistake in the form of repayment, in cash, to the government for the cost of the two phone calls, receipt of the NJP, extra duty and denial of the Good Conduct Medal.

4.  The applicant’s military records show that he enlisted in the Regular Army on 18 March 1993 and completed training in Military Occupational Specialty (MOS) 92B10, Medical Laboratory Specialist.  He is currently serving as a staff sergeant at the Landstuhl Regional Medical Center, Landstuhl, Germany.  Since his enlistment, the applicant has completed eleven different professional development correspondence courses.  He has six noncommissioned officer efficiency reports, all of which are a combination of successful and excellent ratings.  The applicant has one certificate of appreciation, two certificates of achievement, and two Army Achievement Medals in his OMPF.

5.  Headquarters, Fort Detrick Permanent Orders 78-04, dated 18 March 1996, announce award of the Good Conduct Medal to the applicant for the period 18 March 1993 through 17 March 1996.

6.  Headquarters, U.S. Army Garrison, Aberdeen Proving Ground Permanent Orders 56-24, dated 25 February 1999, announce award of the Good Conduct Medal to the applicant for the period 18 March 1996 through 17 March 1999.

7.  Headquarters, 90th Personnel Services Battalion Permanent Orders 044-014, dated 13 February 2002, announce award of the Good Conduct Medal to the applicant for the period 18 March 1999 through 17 March 2002.

8.  Letter from Commander, Medical Company, US Army Medical Research Institute of Infectious Diseases, dated 8 April 1996, disqualifies the applicant for award of the Good Conduct Medal based on nonjudicial punishment 

administered to the applicant on 4 October 1994, for “Violation of Article 121 UCMJ--Unauthorized use of telephone services.”  The memorandum also refers the disqualification to the applicant for comment.

9.  Fort Detrick, Maryland telephone log, dated 26 July 1994, reveals that, in June of 1994, the applicant made two long distance calls to Puerto Rico for a total cost of $9.64.  While the NJP administered to the applicant is not available to the Board, the applicant states that he received it for making these two calls.

10.  Army Regulation 600-8-22, Military Awards, states, in pertinent part, that while any record of NJP could be in conflict with recognizing a soldier’s service as exemplary, such record should not be viewed as automatically disqualifying for award of the Good Conduct Medal.  The commander analyzes the record, giving consideration to the nature of the infraction.  

11.  Army Regulation 600-8-104, Military Personnel Information Management/Records, states in pertinent part, that once placed in the OMPF, a document becomes a permanent part of the file.  The document will not be removed from a fiche or moved to another part of the fiche unless directed by competent authority.

CONCLUSIONS:

1.  Permanent orders show that the applicant has received three awards of the Good Conduct Medal, one for each 3 year qualifying period the applicant has been on active duty since 18 March 1993.

2.  The memorandum of disqualification submitted by the applicant’s company commander on 8 April 1996 is dated subsequent to the effective date of the orders awarding the applicant the first award of the Good Conduct Medal and, as such, is not valid and should not have been filed in the applicant’s OMPF.

3.  Evidence of record shows that the applicant has been a successful soldier and has performed admirably during his more than ten years of military service.

4.  It is apparent to the Board that the applicant was “punished” for the infraction of improper use of telephone services and that the commander, when preparing the memorandum of disqualification (although improperly submitted after the fact), did not take the already imparted punishment into consideration when preparing the memorandum.

5.  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 and destroying the memorandum of disqualification pertaining to award of the Good Conduct Medal from the individual’s OMPF, in its entirety.

BOARD VOTE:  

___tsk___  ____wdp_  ___fcj___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR2003084121	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030812	
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.		
2.		
3.		
4.		
5.		
6.