IN THE CASE OF: 
BOARD DATE: 19 August 2022 
DOCKET NUMBER: AR20210015592 


APPLICANT REQUESTS: in effect, remove the memorandum of disqualification for the Army Good Conduct Medal from his Army Military Human Resource Records (AMHRR). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552), 4 October 2021 and 12 October 2021

•Statement from the Applicant (undated)

•Alpha Company, Operations Group Memorandum (Disqualification for the ArmyGood Conduct Medal), 10 March 2021

•Excerpt from Army Regulation 600-8-22, effective 5 March 2019

•Enlisted Record Brief, 30 September 2021



FACTS: 

1.The applicant states in March 2021, his company commander issued him amemorandum which disqualified him from receiving the Army Good Conduct Medalwhich is filed in his AMHRR. This is because he was flagged due to an openinvestigation. Currently, the investigation has not reached a final outcome. He furtherstates:

a.He believes this is in error because according to Army Regulation 600-8-22,paragraph 4-7 (Disqualification for the Army Good Conduct Medal), “if the commander’s decision to disqualify is based on an open investigation, a disqualification memorandum should not be prepared in placed into the Soldier’s AMHRR until the investigation is complete.” 

b.He contacted the Army Human Resource Command, Awards Branch, and theyconfirmed this was an error. 

2.Alpha Company, Operations Group memorandum (Disqualification of the Army GoodConduct Medal), 10 March 2021, shows the applicant was informed he wasdisapproved for award of the Army Good Conduct Medal for the period of active dutyservice from 20 February 2018 through 20 February 2021 due to being flagged. He wasfurther informed the memorandum would be forwarded to his AMHRR. The applicant elected not to make a statement in rebuttal. 

3.The applicant’s Enlisted Record Brief, 30 September 2021, reflects the applicant isflagged for both a law enforcement investigation and adverse actions. The start date forthe flags is 12 November 2020.

4.The applicant did not provide, and the applicant’s service record is void of acompleted investigation or documentation to remove the flags.


BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant was not only flagged for an investigation, but also for adverse action. The Board determined there is insufficient evidence to grant relief. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:X :X :X 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. 



Microsoft Office Signature Line...
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 600-8-22 (Military Awards) prescribes the Department of the Armypolicy, criteria, and administrative instructions concerning individual and unit militaryawards.

a.Paragraph 4-1 (Intent) states the Army Good Conduct medal is awarded forexemplary behavior, efficiency, and fidelity in active Federal service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the Army Good Conduct medal until the immediate commander has approved the award and the award has been announced in permanent orders. 

b.Paragraph 4-4 (Basis for Approval) states the immediate unit commander’sdecision to award the Army Good Conduct Medal will be based on his or her personal knowledge of, and the individual’s official records for periods of service under previous commanders during the period for which the award is to be made. 

c.Paragraph 4-7d states the commander will prepare a memorandum when he orshe determines the Soldier is not qualified stating the rationale for his or her decision. This memorandum will include the period of disqualification and will be referred to the individual according to AR 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 statement for filing in the Soldier’s AMHRR. If the commander’s decision to disqualify is based upon an open investigation, a disqualification memorandum should not be prepared and placed into the Soldiers AMHRR until the investigation is complete. 
 
2.  Army Regulation 600-37, effective 2 October 2020, set 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. Unfavorable information will not be filed in the AMHRR unless the recipient has been given the opportunity to review the documentation that serves as the basis for the proposed filing and a reasonable amount of time to make a written statement in response. Paragraph 7-2d(2) stated the recipient has the burden of proof to show, by clear and convincing evidence, to support assertion that the document is either untrue or unjust, in whole or in part. Evidence submitted in support of the appeal may include, but is not limited to: an official investigation showing the initial investigation was untrue or unjust; decisions made by an authority above the imposing authority overturning the basis for the adverse documents; notarized witness statements; historical records; official documents; and/or legal opinions. 
 
3.  Army Regulation 600-8-104 (Army Military Human Resource Records Management), effective 7 May 2014, prescribed policies governing the Army Military Human Resource Records Management Program. The AMHRR includes, but is not limited to, the Official Military Personnel File, finance-related documents, and non-service related documents deemed necessary to store by the Army. 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. 
 
//NOTHING FOLLOWS//