MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           24 November 1998                
	DOCKET NUMBER:   AC98-09157

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Robert W. Garrett		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show award of the Good Conduct Medal (GCMDL) and a different military occupational specialty (MOS).

APPLICANT STATES:  That, according to his time in service, he should have received the GCMDL and awards for Vietnam Service.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 18 September 1973.  He was awarded MOS 71B (Clerk-Typist).  He  served his active service at Fort Hood, Texas.  He was honorably separated on 23 January 1976, under Army Regulation 635-200, paragraph 5-37, for his failure to maintain an acceptable standard for retention.  A  synopsis of the indisciplines leading to the applicant’s discharge are: (1) acceptance of non-judicial punishment for his failure to repair, his absence without leave, and his absence from his place of duty on three occasions; (2) constant counselling by members of his chain of command for being late for work, absenteeism, and disobeying instructions by superiors; and (3) for his writing worthless checks.  

The applicant’s DD Form 214 (Report of Separation from Active Duty), dated       23 January 1976, does not show the GCMDL as an authorized award nor does it show any service in Vietnam or changes to his MOS.

Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Evidence shows the applicant was trained and served in MOS 71B throughout his active service; therefore, there is no justification for an MOS change.

2.  The evidence of record shows the applicant’s discharge was based on his indisciplines and that his disqualification for award of the GCMDL was justified.

3.  Evidence shows he did not serve in Vietnam and is not entitled to any awards for service in that country.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

GDP____  CLA____  RWG____  DENY APPLICATION

						Loren G. Harrell
						      Director