IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20160003797 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 IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20160003797 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 from his OMPF the memorandum dated 10 February 2015, subject: Disqualification of the 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. IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20160003797 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 correction of his military records by removing an Army Good Conduct Medal (AGCM) disqualification memorandum from his Official Military Personnel File (OMPF). 2. The applicant states the AGCM disqualification memorandum filed in his OMPF is in violation of Army Regulation 600-37 because he was on temporary duty and then went on leave when the subject memorandum was imposed. He contends the memorandum was signed by his commander and placed in his OMPF without his signature or knowledge. 3. The applicant provides a copy of a memorandum, subject: Disqualification of the AGCM, Intelligence and Sustainment Company (ISC), Headquarters and Headquarters Battalion (HHB), 10th Mountain Division, dated 10 February 2015. CONSIDERATION OF EVIDENCE: 1. On 30 March 2000, the applicant enlisted in the U.S. Army Reserve. He subsequently enlisted in the Regular Army on 6 April 2000. 2. On 1 November 2012, the applicant was promoted to sergeant first class, pay grade E-7. 3. A memorandum, subject: Disqualification of the AGCM, dated 10 February 2015, as provided by the applicant and filed in his OMPF, shows that his Company Commander, ISC, HHB, 10th Mountain Division, informed him of his disapproval for award of the AGCM for the 3-year period of active service from 5 April 2012 to 5 April 2015 (sic). This action was based on his enrollment into the Army Body Composition Program. He was also informed that a new period of eligibility for award of the AGCM would start on 5 April 2015. He was given a 3-day period in which to submit a written rebuttal for consideration. The form is signed by the company commander and indicates the applicant was not available to sign. 4. A review of the applicant’s OMPF revealed the following Permanent Orders announcing award of the AGCM for the periods indicated: * 133-006, 90th Personnel Services Battalion, dated 13 May 2003, for 6 April 2000 to 5 April 2003 (1st Award) * 157-002, Detachment A, Forward, 55th Personnel Service Detachment, dated 6 June 2006, for 7 April 2003 to 6 April 2006 (2nd Award) * 35-6, U.S. Army Installation Management Command, Monterey, California, dated 4 February 2009, for 6 April 2006 to 5 April 2009 (3rd Award) * 58-02, Headquarters, 24th Military Intelligence Battalion, dated 27 February 2012, for 6 April 2009 to 5 April 2012 (4th Award) * 042-002, Headquarters, 3rd Brigade Combat Team, 10th Mountain Division, dated 11 February 2016, for 6 April 2012 to 5 April 2015 (5th Award) REFERENCES: 1. Army Regulation 600-37 (Unfavorable Information) provides that unfavorable information will be referred to the recipient for information and acknowledgment of his or her rebuttal opportunity. If the recipient refuses to acknowledge the referral of unfavorable information, the reprimanding official will provide the following statement: “On (date), (name) has been presented with the unfavorable information and refuses to acknowledge by signature.” Then the unfavorable information may be filed in the recipient’s OMPF. 2. Army Regulation 600-8-22 (Military Awards) states that in instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. The unit commander will consider the individual’s statement. If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s OMPF. The immediate commander’s decision to award the AGCM will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made. However, 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. 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides the following: a. All personnel information recorded under the authority of this regulation is the property of the United States Government. Once recorded, it will not be removed except as provided by law or this regulation. b. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from a folder or moved to another part of the OMPF unless directed by the Army Board for Correction of Military Records. DISCUSSION: 1. The applicant contends that his military records should be corrected by removing an AGCM disqualification memorandum from his OMPF because he was not made aware of this action or given an opportunity to submit his rebuttal. 2. The memorandum in question clearly shows the applicant was not available at the time of issuance. It does not show the applicant had the opportunity to read the document or to submit a rebuttal. The commander also clearly marked the document indicating the applicant was not available at the time. 3. A review of the applicant’s OMPF shows the subject memorandum is filed in his performance folder. Also on file are permanent orders announcing award of the AGCM for each 3-year period of active service, to include the period covered by the memorandum in question. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003797 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003797 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2