MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           27 January 1999                    
	DOCKET NUMBER:   AC98-10506
                                              AR1998014395

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. John H. Kern		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: In effect, that her military records be corrected by removing her nonjudicial punishment (NJP) and awarding her the Good Conduct Medal (GCMDL) for the period from August 1981 to August 1985.

APPLICANT STATES:  That she has performed in an outstanding manner and should have never been denied the GCMDL.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the Army on 12 August 1981 for 4 years.  She completed her initial training and was assigned as a personnel records specialist (75D).  She attained the rank of specialist four on 1 October 1983.

On 27 October 1982 the applicant received NJP under the provisions of Article 15, Uniform Code of Military Justice, for wrongfully using some amount of marijuana.  The punishment included a reduction to the grade of private E-2, forfeiture of $300.00 per month for 2 months, 45 days extra duty, and 45 days restriction.  The restriction was suspended until 25 April 1983. 

On 4 September 1984 the applicant’s commander informed her of his intention to disqualify her for award of the GCMDL for the period from 12 August 1981 through 26 April 1983.  The applicant submitted a rebuttal statement informing the commander that she thought she had been punished enough for her mistake and should receive the GCMDL for her hard work during the 3-year period.  On 27 September 1984 the commander acknowledged receiving the applicant’s rebuttal statement but approved her disqualification for the GCMDL.

On 9 August 1985 she was honorably released from active duty by reason of completion of her term of service and was transferred to the USAR.  She completed 3 years, 11 months and 28 days of creditable active service.

On 27 February 1990 the applicant was ordered to active duty in Active Guard/Reserve (AGR) status for 3 years.  She attained the rank of sergeant E-5 and was still on active duty at the time of this application.

The applicant was awarded her third GCMDL, which was for the period from 25 March 1993 through 24 March 1996.

Army Regulation 600-8-22 provides that the GCMDL 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 GCMDL, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permit the individual to respond.

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.  The applicant’s NJP was imposed in compliance with applicable laws, regulations and policies.  The punishment imposed was not disproportionate to the offense, and there is no evidence of any substantive violation of any of the applicant’s rights.

2.  The applicant’s commander followed current practices in allowing the applicant an opportunity to rebut his decision to deny her award of the GCMDL.  The commander had just cause and was within his right to deny this award, considering her use of marijuana during the qualifying period.

3.  The applicant has failed to show through the evidence submitted or evidence of record that what the Army did in her case was in error or unjust.

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

____X____  ___X_____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10506	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.