BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20170002106 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: 12 September 2017 DOCKET NUMBER: AR20170002106 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 Army Good Conduct Medal disqualification memorandum covering the period 28 September 2013 through 29 September 2016 from his official military personnel file (OMPF). ___________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: 12 September 2017 DOCKET NUMBER: AR20170002106 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 that an Army Good Conduct Medal (AGCM) disqualification memorandum, dated 17 November 2016, be removed from his official military personnel file (OMPF). 2. The applicant states, in effect, the AGCM disqualification memorandum was added into his OMPF erroneously. His company commander chose not to pursue administrative action on the same day the disqualification memorandum was uploaded into his OMPF. 3. The applicant provides a copy of AGCM reinstatement memorandum, dated 24 January 2017. CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving in the Regular Army as a staff sergeant (SSG). He enlisted in the Regular Army on 29 September 2004, and was due to receive an AGCM (4th Award) for the period 29 September 2013 through 28 September 2016. 2. On 17 November 2016, the applicant's company commander notified him that he was disqualified for his AGCM (4th Award), because he received a letter of concern from the battalion commander due to alleged misconduct. 3. Permanent Order 011-01, issued by the 194th Armored Brigade on 11 January 2017, shows the applicant was awarded the AGCM (4th Award) for exemplary behavior, efficiency, and fidelity in active federal military service for the period 29 September 2013 to 28 September 2016. 4. The applicant's company commander rescinded the AGCM disqualification memorandum on 24 January 2017 after determining the reason for the disqualification was unfounded. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides for the disqualification of the AGCM. a. Conviction by courts-martial terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the court-martial. b. Individuals whose retention is not warranted or for whom a bar to reenlistment has been approved are not eligible for award of the AGCM. c. In instances of disqualification 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. The unit commander will consider the affected individual’s statement. If the commander’s decision remains the same, the records manager will Web upload the memorandum and the individual statement for filing in the Soldier’s OMPF. d. Disqualification for an award of the AGCM 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 AGCM, enter the new date and code on the Soldier’s eMILPO record, and submit the eMILPO transaction. These procedures do not apply if Soldier is disqualified under the provisions of Paragraph b. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies governing the OMPF, the military personnel records jacket, the career management individual file, and Army personnel qualification records. Paragraph 3-6 of this regulation states that once a document is placed in the OMPF 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. Table 3-1 (Composition of the OMPF) of this regulation shows that an AGCM disqualification memorandum is to be filed in the performance section of the OMPF. DISCUSSION: 1. The applicant requests removal of an AGCM disqualification memorandum from his OMPF. He contends his company commander chose not to take action; however, the memorandum was uploaded. 2. Evidence confirms the applicant's commander rescinded the AGCM disqualification memorandum. Permanent orders show he was awarded the AGCM for the period in question. 3. In accordance with the applicable regulation, the performance folder of the OMPF should show a continuous record of a person's performance throughout his/her Army service. He was awarded the AGCM for the period 29 September 2013 through 28 September 2016. Removal of the AGCM disqualification memorandum would leave a more accurate record of his performance during the period in which the award was given. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002106 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2