ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 September 2019 DOCKET NUMBER: AR20170008976 APPLICANT REQUESTS: removal of Army Good Conduct Medal (AGCM) disqualification memorandum, dated 13 December 2016 from his Official Military Personnel File (OMPF) and his Army Military Human Resources Record (AMHRR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Army Maneuver Center of Excellence Band Memorandum – Disqualification of the AGCM * U.S. Army Maneuver Center of Excellence Band Memorandum – Approval of Good Conduct Medal for Master Sergeant (MSG) R.E.P. * 323D Army Band “Fort Sam’s Own – Approval of the AGCM for Master Sergeant R.E.P. * Memorandum for President, Department of the Army Suitability Evaluation Board (ASEB) – Request for Removal of Erroneous AGCM Disqualification Memo from Army Military Human Resources Record (AMHRR) of First Sergeant X___ * Orders 23-901 – AGCM (7th Award), dated 23 January 2017 * Orders 23-916 – AGCM (8th Award), dated 23 January 2017 * FACTS: 1. The applicant states the previous disapproval of the AGCM for the period of active duty service from 10 November 2013 to 9 November 2016 has been rescinded. The 7th award (6 January 2011 to 5 January 2014) and the 8th award (6 January 2014 to 5 January 2017) of the AGCM have been approved in accordance with (IAW) Army Regulation (AR) 600-8-22 for exemplary behavior, efficiency and fidelity in active federal military service. 2. The applicant provides: a. A memorandum from the commander (CW2 X___), dated 3 February 2017, that initially invoked the disqualification of the AGCM. CW2 X___, reversed his decision based on the criteria outlined in AR 600-8-22, paragraph 4-6. He also recommends the Disqualification Memorandum, dated 13 December 2016 be rescinded and removed from the applicant’s OMPF and his AMHRR. He further elects to defer the approval/disapproval authority to the applicant’s current commander at the 323rd Army Band, Fort Sam Houston, TX. b. A memorandum from his current commander (CW4 JX___), dated 6 February 2017, approving award of the AGCM for the specified period IAW AR 600-8-22, paragraph 4-6. He also recommends the Disqualification Memorandum, dated 13 December 2016 be rescinded and removed from the applicant’s OMPF and his AMHRR. c. A memorandum to the President, Department of the Army Suitability Board, requesting removal of the erroneous AGCM disqualification memorandum, dated 13 December 2016 from his OMPF and AMHRR. d. Copies of Headquarters, U.S. Army North (Fifth Army), Joint Base San Antonio – Fort Sam Houston, TX, Orders 23-901 and 23-916, dated 23 January 2017 awarding the AGCM (7th and 8th Award) respectively to the applicant. 3. The applicant’s service records shows: a. The applicant enlisted in the Regular Army on 6 January 1993. He reenlisted on five (5) separate occasions culminating with his oath to serve in an “Indefinite” status on 19 July 2006. b. Permanent Orders 312-017, dated 8 November 2010 awarded the applicant his 6th Award of AGCM. c. A review of the applicant’s noncommissioned officer evaluation reports (NCOER), throughout the period in question, reveals he met or exceed the established standards of conduct required for the award of the AGCM. d. A review of the applicant’s accolades received during the period in question also reveal the applicant far exceeded expectations outlined in AR 600-8-22, paragraph 4-6. e. The applicant received a General Officer Memorandum of Reprimand, dated 29 September 2016 for infractions that occurred on 11 and 12 August 2016 while in a temporary duty status in Indianapolis, IN. f. The applicant received a lackluster 8-month change of rater NCOER (17 March 2016 to 1 November 2016) after receiving a glowing 12-month extended annual NCOER (21 January 2015 to 16 March 2016) from the same ratings officials. g. On 11 June 2018, the Enlisted Special Review Board denied the applicant’s appeal of the 8-month change of rater NCOER (17 March 2016 to 1 November 2016). h. The applicant culminated his 26 year active duty career with retirement on 31 January 2019. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served 26 years and 25 days. He entered the retired rolls as a first sergeant/(E-8) and issued an honorable discharge. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was awarded the AGCM by the commander who issued the denial memorandum. The Board agreed to remove the document from his OMPF. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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, dated 13 December 2016 from his Official Military Personnel File. 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. REFERENCES: 1. Army Regulation (AR) 600-37 (Unfavorable Information) sets forth policies and procedures to ensure the best interests of both the Army and Soldiers are served by authorizing unfavorable information to be placed in, transferred within, or removed from an individual's AMHRR. a. An administrative memorandum of reprimand may be issued by an individual's commander, by superiors in the chain of command, and by any general officer or officer exercising general court-martial jurisdiction over the Soldier. The memorandum must be referred to the recipient and the referral must include and list applicable portions of investigations, reports, or other documents that serve as a basis for the reprimand. Statements or other evidence furnished by the recipient must be reviewed and considered before a filing determination is made. b. A memorandum of reprimand may be filed in a Soldier's AHMRR only upon the order of a general officer-level authority and is to be filed in the performance folder. The direction for filing is to be contained in an endorsement or addendum to the memorandum. If the reprimand is to be filed in the AHMRR, the recipient's submissions are to be attached. Once filed in the AHMRR, the reprimand and associated documents are permanent unless removed in accordance with chapter 7. c. Paragraph 3-4 (Filing of Information on Sex-Related Offenses) provides that commanders will ensure that a Soldier's performance-disciplinary folder is annotated when a court-martial conviction, nonjudicial punishment, or punitive administrative action for a sex-related offense is received. Punitive administrative action means any adverse administrative action initiated as a result of the sex-related offenses identified, this includes aggravated sexual contact and includes, but is not limited to, memoranda of reprimand, admonishment, or censure from all levels of command. d. Paragraph 3-4(g) (Coding Record) provides that the Commander, HRC, will designate and implement an appropriate assignment consideration code for use on Soldier's record briefs to identify those Soldiers with a court-martial conviction, nonjudicial punishment, or punitive administrative action for a sex-related offense. e. Paragraph 7-2 provides that once an official document has been properly filed in the AHMRR, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the AHMRR. f. Only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted folder of the AHMRR. Such documents may be appealed on the basis of proof that their intended purpose has been served and that their transfer would be in the best interest of the Army. The burden of proof rests with the recipient to provide substantial evidence that these conditions have been met. 2. Army Regulation 600-8-22 (Awards) states the following as qualifying eligibility criteria of the Army Good Conduct Medal: a. Throughout a qualifying period, each enlisted Soldier must meet all the following criteria for an award: (1) The immediate commander evaluates the Soldier's character as above reproach (2) The record of service indicates that the Soldier has— * Willingly complied with the demands of the military environment. * Been loyal and obedient to his or her superiors. * Faithfully supported the goals of his or her organization and the Army. * Conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. (3) While any record of non-judicial punishment or unfavorable action could be in conflict with recognizing the Soldier's service as exemplary, such record should not be viewed as automatically disqualifying. The commander will analyze the record, giving consideration to the nature of the infraction, the circumstances under which it occurred and when. (4) Suspension of favorable personnel action does not automatically terminate the eligibility period. The reason for suspension must be considered by the unit commander (for example an adverse action flag may disqualify the eligibility period whereas, a flag for weight control program that results in a Soldier achieving Army standards, typically does not result in disqualification). The approving commander must consider the totality of the Soldier’s performance. (5) In the terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, MOS, and experience. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170008976 3 1