IN THE CASE OF: BOARD DATE: 11 January 2022 DOCKET NUMBER: AR20210008262 APPLICANT REQUESTS: removal of the Army Good Conduct Medal (AGCM) disqualification memorandum for the period 12 July 2017 through 12 July 2020 (should read 13 July 2017 through 12 July 2020) 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) * Attachment 1 – * DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), 23 July 2020 * two DA Forms 4856 (Developmental Counseling Form), 20 July 2020 * Attachment 2 – * Letter from Director of Student Conduct, 1 May 2020 * Letter from Vice President for Student Success, 1 May 2020 * Attachment 3 – Email (Your Case), 15 July 2020 * Attachment 4 – Certificate of Record Search, 17 December 2020 * Attachment 5 – Email (Reply: Company A AGCM) * Attachment 6 – Email (Reply: Interactive Personnel Electronic Records Management System Records Review (Applicant)), 16 December 2020 * Attachment 7 – Memorandum (Qualification of the AGCM), 30 September 2020 FACTS: 1. The applicant states he was flagged due to a criminal investigation. The accusations were unfounded. After the accusations were determined unfounded, the closed the case favorably and the flag was removed by reason of "case closed favorably." His commander requested that the disqualification memorandum not be submitted until the investigation was completed, but the disqualification memorandum was submitted for filing. He was informed that his AGCM cannot be approved until the disqualification memorandum is removed from his AMHRR. 2. On or about 25 September 2019, the applicant was flagged by reason of a "Law Enforcement Investigation." 3. On 1 May 2020, the Vice President for Student Success, , notified the applicant that an investigative panel determined there was no evidence to support the allegation of sexual assault and recommended case closure. 4. On 6 May 2020, the applicant's commander notified him that it was her intention to disqualify him for award of the AGCM for the period 12 July 2017 to 11 July 2020 (should read 13 July 2017 through 12 July 2020). His commander stated the rationale for this decision was that the applicant was currently ineligible for reenlistment. a. The applicant acknowledged receipt of the memorandum and elected to make a statement on his own behalf. On 12 May 2020, he then elected not to make a statement. b. On 6 May 2020, his commander notified him that he was disapproved for award of the AGCM for the period 12 July 2017 to 11 July 2020 (should read 13 July 2017 through 12 July 2020). 5. On 2 June 2020, the Company A Operations Noncommissioned Officer emailed Human Resource Assistant, per the commander's request to ensure the applicant's AGCM disqualification memorandum would not be uploaded to the applicant's AMHRR until after the investigation was completed. 6. Effective 15 July 2020, the applicant's law enforcement investigation flag was removed by reason of "case closed favorably." 7. On 23 July 2020, stated a memorandum from the company commander was needed requesting award of the AGCM. He further stated since the AGCM disqualification memorandum was now part of the applicant's AMHRR and the applicant would need to apply to the Army Board for Correction of Military Records in order to have it removed. 8. On 30 September 2020, his company commander submitted a memorandum stating he qualified for award of the AGCM for the period 12 July 2017 to 12 July 2020 (should read 13 July 2017 through 12 July 2020). 9. The Certificate of Record Search, 17 December 2020, shows no felony record for the applicant. 10. On 17 December 2020, the applicant emailed the Deputy Chief, Military Personnel Branch, Troop Command, William Beaumont Army Medical Center. The Deputy Chief confirmed award of the AGCM could not be completed until the disqualification memorandum was removed from the applicant's AMHRR. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. Board members noted that the applicant's commander notified him that it was her intention to disqualify him for award of the AGCM for the period (13 July 2017 through 12 July 2020). His commander stated the rationale for this decision was that the applicant was currently ineligible for reenlistment. On 6 May 2020, his commander notified him that he was disapproved for award of the AGCM. The commander ordered the Operations NCO to ensure the applicant's AGCM disqualification memorandum would not be uploaded to the applicant's AMHRR until after the investigation was completed. An investigative panel determined there was no evidence to support the allegation of sexual assault and recommended case closure. The applicant's case was ultimately closed favorably. Board members found sufficient evidence to support removing the disqualification memorandum, and to award him the Army Good Conduct Medal (3rd Award) 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 (AGCM) disqualification memorandum, dated 6 May 2020 from his Army Military Human Resource Record (AMHRR). * Awarding him the Army Good Conduct Medal (3rd Award) for the period the period 13 July 2017 through 12 July 2020 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 Army policy, criteria, and administrative instructions concerning individual and unit military awards. The AGCM is awarded to on a selective basis to Active Component and Active Guard Reserve enlisted Soldiers who distinguish themselves from among their 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 medal until the immediate commander has approved the award and the award has been announced in permanent orders. a. The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. b. Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the AGCM as indicated in the Soldier's record: (1) willingly complied with the demands of the military environment, (2) been loyal and obedient to his or her superiors, (3) faithfully supported the goals of his or her organization and the Army, and (4) conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. c. While any record of nonjudicial punishment 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. Conviction by court-martial terminates a period of qualifying service; a new period begins following the completion of sentence imposed by court-martial. d. In terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, military occupational specialty, and experience. e. Individuals whose retention is not warranted under standards prescribed in Army Regulation 380-67 (Personal Security Program) or for whom a bar to reenlistment has been approved under the provisions of Army Regulation 601-280 (Army Retention Program) are not eligible for award of the AGCM. f. Paragraph 4-7 (Disqualification for the AGCM) states: (1) 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. (2) Individuals whose retention is not warranted or for whom a bar to reenlistment has been approved under the provisions of Army Regulation 601-280 are not eligible for award of the AGCM. (3) Individuals whose retention is not warranted under standards prescribed in Army Regulation 380-67 are not eligible for award of the AGCM. (4) The commander will prepare a memorandum when he or she 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 Army Regulation 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. g. 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 Electronic Military Personnel Office record, and submit the Electronic Military Personnel Office transaction. These procedures do not apply if Soldier is disqualified under the provisions of paragraph 4-7b. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing the Army Military Human Resource Records 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 Army Board for Correction of Military Records or other authorized agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008262 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1