IN THE CASE OF:  

		BOARD DATE:  27 October 2021

		DOCKET NUMBER:  AR20210005493


APPLICANT REQUESTS: the removal of an Army Good Conduct Medal (AGCM) 
disqualification memorandum from his Army Military Human Resource Record 
(AMHRR). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Charlie Company, 3d Special Troops Battalion, Fort Hood, TX memorandum, 
(Disqualification of the Army Good Conduct Medal), 8 July 2013
*	Directorate of Emergency Services, Fort Leonard Wood, MO memorandum, 
(Background check on (Applicant)), 11 December 2020

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states this memorandum for disqualification is untrue and unjust. The 
memorandum states he was disqualified for the AGCM due to nonjudicial punishment 
for driving under the influence (DUI).

     a.  He has never had a DUI. He has never received nonjudicial punishment, to 
include a general officer memorandum of reprimand or Article 15 for any reason. There 
are no records of him receiving any nonjudicial punishment, being arrested, or receiving 
a DUI. The memorandum in his records makes it appear as if he has received 
nonjudicial punishment for a DUI, which never happened. 

     b.  He has received orders for the AGCM for the time period the memorandum 
disqualifies him for. The disqualification memorandum was submitted after he received 
the AGCM. The memorandum also states he was unavailable to sign, which is not true. 
He would have acknowledged and submitted rebutting evidence.  
     c.  He has made several attempts over the last few years to get it removed through 
HRC [U.S. Army Human Resources Command] without success. His legal counsel 
advised him to attempt removal through the ABCMR. The memorandum discredits his 
military record and performance.  

3.  The applicant enlisted in the Regular Army on 31 August 2010. He is currently 
serving on active duty in the rank/grade of staff sergeant (SSG/E-6).

4.  A review of his records contains the following documents located in his performance 
folder:

     a.  3rd Brigade Special Troops Battalion, 3rd Brigade Combat Team, 1st Cavalry 
Division, Fort Hood, TX Permanent Order Number 212-022, 1 June 2013 showing he 
was awarded the AGCM (1st Award) for the period 31 August 2010 through 30 August 
2013. 

     b.  A Charlie Company, 3rd Special Troops Battalion, Fort Hood, TX memorandum, 
(Disqualification of the Army Good Conduct Medal), 8 July 2013 wherein the 
commander notes:

You are disapproved for the award of the Army Good Conduct Medal for  
the period of Active Duty Service from (20100831) to (20130831) due to  
Soldier receiving non-judicial punishment for (Driving Under the Influence)  
Under Article 134 UCMJ.

Your new eligibility period begins immediately after the end date listed in 
paragraph 1 of this memorandum. The local record custodian will record this  
date in your Enlisted Record Brief.

A rebuttal in writing may be submitted no later than three working days for 
reconsideration of my decision. Failure to submit rebuttal within the allowed time 
will finalize this action as stated.

This memorandum will be forwarded to your Official Military Personnel File 
[OMPF] for permanent filing in accordance with AR 600-8-22 [Military Awards],  
paragraph 2-10.

     c.  This memorandum is not signed or dated by the applicant. It does contain an "X" 
next to the statement: "Soldier was unavailable for the signature/refused to sign." 

     d.  Headquarters, 84th Engineer Battalion, Schofield Barracks, HI Permanent  
Order 228-008, 31 August 2016 showing he was awarded the AGCM (2d Award) for the 
period 1 September 2013 through 31 August 2016. 
     e.  35th Engineer Battalion, 1st Engineer Brigade, Fort Leonard Wood, MO  
Orders 252-009, 9 September 2019 showing he was awarded the AGCM (3rd Award) 
for the period 1 September 2016 through 31 August 2019. 

5.  A thorough review of his OMPF does not contain any nonjudicial punishment  
(Article 15), general officer memorandum of reprimand, or documentation alluding to a 
DUI against the applicant.

6.  His records does not contain a revocation order revoking Permanent Order  
Number 212-022, 1 June 2013 in which he was awarded the AGCM (1st Award).

7.  The applicant provides Directorate of Emergency Services, Fort Leonard Wood, MO 
memorandum, (Background check on (Applicant)), 11 December 2020 that shows a 
check through the ALERTS System shows no DWI offenses or any other derogatory 
information involving him. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted.  The Board carefully considered the applicants request, supporting 
documents and evidence in the records.  The Board considered the applicant’s 
statement, his military service record and documents provided by the applicant.  The 
Board all agreed the applicant should reach out to his former commander now a major 
and obtain a memorandum attesting to the error in his military records.  The Board 
determined the burden of proof lies with the applicant to provide documentation to 
support his claim.  Therefore, the Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

XXX	XX	XXX	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


		  
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.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice. This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the ABCMR determines it 
would be in the interest of justice to do so.

2.  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.

3.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) 
prescribes policies governing the Army Military Human Resource Records Management 
Program. The AMHRR includes, but is not limited to, the Official Military Personnel File 
(OMPF), finance-related documents, and non-service related documents deemed 
necessary to store by the Army.

     a.  Paragraph 3-6 provides that once a document is properly filed in the AMHRR, the 
document will not be removed from the record unless directed by the ABCMR or other 
authorized agency.

     b.  Appendix B (Documents Required for Filing in the Army Military Human Resource 
Record and/or Interactive Personnel Electronic Records Management System) contains 
the list of all documents approved by Department of the Army and required for filing in 
the AMHRR and/or interactive Personnel Electronic Records Management System. The 
disqualification memorandum for the AGCM is to be filed in the performance section of 
the Soldier's OMPF.

4.  Army Regulation 600-37 (Unfavorable Information) provides that once an official 
document has been properly filed in the OMPF, 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 OMPF. Appeals that merely 
allege an injustice or error without supporting evidence are not acceptable and will not 
be considered.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210005493


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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