BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20160008294 BOARD VOTE: __x_______ __x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20160008294 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 following documents from his Official Military Personnel File: a.  Headquarters and Headquarters Company, 3rd Special Troops Battalion, 3rd Brigade Combat Team, memorandum, dated 4 June 2006, subject: Disqualification for Army Good Conduct Medal; and b.   Headquarters and Headquarters Company, 3rd Special Troops Battalion, 3rd Brigade Combat Team, memorandum, dated 3 November 2006, subject: Army Good Conduct Medal. ___________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. BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20160008294 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 removal of disqualifying documents for award of the Army Good Conduct Medal from his records. 2. The applicant states: * the documents were completed incorrectly and are not in accordance with Army regulations * the time frames are in error and cause the documents to be unjust and fall outside of the timelines outlined in Army Regulations * the documents lack specificity * he advised his G-1 that he received an Army Good Conduct Medal (1st Award) despite the memorandum recommending his disqualification * his G-1 advised him the documents were in error and should be removed from his records and they did not disqualify him for the award 3. The applicant provides: * Headquarters and Headquarters Company, 3rd Special Troops Battalion, 3rd Brigade Combat Team, memorandum, dated 4 June 2006, subject: Disqualification for Army Good Conduct Medal * Headquarters and Headquarters Company, 3rd Special Troops Battalion, 3rd Brigade Combat Team, memorandum, dated 3 November 2006, subject: Army Good Conduct Medal * self-authored memorandum, dated 28 April 2016 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 14 August 2002. 2. Detachment C, 502nd Personnel Services Battalion, Permanent Orders 270-210, dated 27 September 2005, awarded him the Army Good Conduct Medal (1st Award) for the period 14 August 2002 to 13 August 2005 (3 years). 3. On 3 November 2005, his commander issued a memorandum for record, subject: Good Conduct Medal, wherein he stated the applicant was not being recommended for award of the Army Good Conduct Medal for the period 13 August 2002 through 13 September 2009 (7 years, 1 month, and 1 day) due to misconduct. This document was filed in the applicant's Official Military Personnel File (OMPF) on 27 July 2006. 4. On 4 June 2006, his commander notified him by memorandum of his intent to disqualify him for award of the Army Good Conduct Medal for the period 13 August 2002 to 13 August 2005 (3 years and 1 day). The reason for the disqualification involved the circumstances of a rollover accident on 28 August 2005. The applicant acknowledged receipt of the notification and indicated he was not going to submit a statement in his own behalf. The memorandum was filed in the applicant's OMPF on 13 July 2006. 5. Headquarters, 3rd Special Troops Battalion, Permanent Orders 263-04, dated 19 September 2008, awarded him the Army Good Conduct Medal (2nd Award) for the period 14 August 2005 to 13 August 2008 (3 years). 6. U.S. Army Installation Management Command Military Personnel Division Permanent Order 166-31, dated 15 June 2011, awarded him the Army Good Conduct Medal (3rd Award) for the period 14 August 2008 to 13 August 2011 (3 years). 7. Headquarters, 4th Battalion, 10th Infantry Regiment, Permanent Orders 237-22, dated 25 August 2014, awarded him the Army Good Conduct Medal (4th Award) for the period 14 August 2011 to 13 August 2014 (3 years). 8. His records are void of any evidence establishing a new beginning date for eligibility for award of the Army Good Conduct Medal by the personnel office or showing his Electronic Military Personnel Office (eMILPO) records were ever coded or an eMILPO transaction was ever submitted. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. b.  Paragraph 4-8(c) states that in instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a memorandum stating the rationale for his or her decision. This memorandum will include the period of disqualification and will be referred to the individual in accordance with Army Regulation 600-37 (Unfavorable Information). The unit commander will consider the affected individual's statement. If the commander's decision remains the same, the records manager will upload the memorandum and the individual's statement for filing in the Soldier's Army Military Human Resource Record. c.  Disqualification for an award of the Army Good Conduct Medal can occur at any time during a qualifying period (for example, when manner of performance or efficiency declines). The personnel office will establish the new beginning date for the Soldier's eligibility for award of the Army Good Conduct Medal, enter the new date and code in the Soldier's EMILPO record, and submit the eMILPO transaction. 2. Army Regulation 600-37 prescribes policies and procedures regarding unfavorable information considered for inclusion in official personnel files. Except as provided in paragraph 3-3, unfavorable information will not be filed in an official personnel file unless the recipient has been given the chance to review the documentation that serves as the basis for the proposed filing and make a written statement or to decline to make such a statement in writing. DISCUSSION: 1. The evidence of record shows permanent orders, dated 27 September 2005, awarded applicant the Army Good Conduct Medal (1st Award) for the period 14 August 2002 to 13 August 2005 (3 years). 2. On 3 November 2005, the applicant's commander issued a memorandum for record indicating he was not recommended for award of the Army Good Conduct Medal. There is no evidence showing this memorandum for record was referred to the applicant in accordance with Army Regulation 600-37. The memorandum for record was filed in his OMPF on 27 July 2006, 10 months after permanent orders awarded him the Army Good Conduct Medal (1st Award). 3. On 4 June 2006, both the applicant and his commander signed a memorandum disqualifying the applicant for award of the Army Good Conduct Medal (1st Award) for the period 13 August 2002 through 13 August 2005 based on circumstances involving a rollover accident on 28 August 2005. This memorandum was filed in the applicant's OMPF on 13 July 2006. 4. The rollover accident on 28 August 2005 occurred after the applicant's qualifying period of service for the first award of the Army Good Conduct Medal. 5. His records are void of evidence establishing a new beginning date for eligibility for award of the Army Good Conduct Medal by the personnel office or showing his eMILPO records were ever coded or an eMILPO transaction was ever submitted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008294 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008294 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2