PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  31 July 2003
	DOCKET NUMBER:  AR2003087301

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Gail J. Wire		Chairperson	
	Mr. Robert Duecaster		Member	
	Ms. Karen A. Heinz		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 his memorandum, dated 11 September 1992, Subject:  Disqualification for award of the Good Conduct Medal (GCMDL) be removed from his Performance (P) Fiche, Disciplinary Data Section, of his Official Military Personnel File (OMPF).

3.  The applicant states that he was awarded the first award of the GCMDL for the period 20 February 1990 to 19 February 1993 and that his flagging action was lifted.  In support of his application, he submits a copy of his GCMDL orders and award certificate for the first award of the GCMDL.

4.  The applicant’s military records show he enlisted on 20 February 1990.  He continues to serve and is presently assigned to Fort Lee, Virginia. 

5.  The applicant provided a copy of his GCMDL orders and award certificate, which show that he was awarded the first award of the GCMDL for the period 20 February 1990 to 19 February 1993. 

6.  The applicant's OMPF, Disciplinary Data Section shows that a memorandum was prepared on 11 September 1992, Subject:  Disqualification for award of the Good Conduct Medal.  The memorandum indicated that the applicant was flagged due to nonjudicial punishment.  The applicant acknowledged receipt and opted not to make a statement in his behalf.  His record shows no disciplinary violations, that he has received outstanding evaluations, and he has progressed to the enlisted grade of staff sergeant (SSG/E-6).

7.  Army Regulation 600-8-22 provides that the Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
The regulation states that while any record of nonjudicial punishment could be in conflict with recognizing the soldier's service as exemplary, such record should not be viewed as automatically disqualifying.  The commander analyzes the record, giving consideration to the nature of the infraction, the circumstances under which it occurred and when.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.  
9.  Table 2 of the regulation pertains to the composition of the OMPF.  It states, in pertinent part, that a disqualification statement for award of the GCMDL will be filed on the Disciplinary Data Section of the P fiche.  

CONCLUSIONS:

1.  The evidence of record shows that a memorandum was prepared on 11 September 1992 by his commander to disqualify him for the GCMDL based on nonjudicial punishment and was placed on his OMPF.

2.  Although, the memorandum was prepared to disqualify the applicant for the first award, his OMPF failed to show any adverse or derogatory information that would disqualify him for award of the GCMDL.

3.  The applicant was awarded the first award of the GCMDL for the period 20 February 1990 to 19 February 1993.  Therefore, it would be equitable and just to remove the memorandum dated 11 September 1992, Subject:  Disqualification for award of the Good Conduct Medal from his OMPF.

4.  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 expunging the memorandum, dated 11 September 1992, Subject:  Disqualification for award of the Good Conduct Medal from the OMPF of the individual concerned.

BOARD VOTE:  

__gw___  __rd____  __kh____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Gail J. Wire___
		        CHAIRPERSON

INDEX

CASE ID	AR2003087301	
SUFFIX		
RECON		
DATE BOARDED	20030731	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  	267	
2.		
3.		
4.		
5.		
6.