PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            7 October 1998                                    
	DOCKET NUMBER:   AC98-10685

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

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos .		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Army Good Conduct Medal (AGCM).

3.  The applicant states he met the requirements for the award even after considering his Article 15 and lost time, which he made up.

4.  The applicant’s military records show that he enlisted in the Regular Army on 28 August 1972.  He completed basic training and advanced individual training and was awarded military occupational specialty 95B (Military Policeman). 

5.  On 3 April 1973, while assigned to Fort Bragg, NC, the applicant departed absent without leave (AWOL).  He returned to military control on 9 April 1973.  He accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for this offense.  His punishment was to forfeit $35 pay for 1 month and to perform 2 hours extra duty per day for 7 days.

6.  On 11 April 1973, the applicant requested a permissive reassignment to Fort McClellan, AL so his spouse, who was not adjusting well to his being in the Army, could be near close relatives.  In July 1973, the applicant was reassigned to Fort McClellan, AL.

7.  The applicant was awarded an end-of-tour Army Commendation Medal for the period July 1973 to September 1975.

8.  On 2 September 1975, the applicant was honorably released from active duty in pay grade E-4.  He had completed 3 years of creditable active service and had 6 days of lost time.

9.  He immediately reenlisted in the Army National Guard and as of the date of his application was a Sergeant First Class in the Guard.

10.  Army Regulation 600-8-2 provides that the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940.  While any record of non-judicial punishment could be in conflict with recognizing the soldier’s service as exemplary, such record should not be viewed as automatically disqualifying.  The commander analyzes the record, giving consideration to the nature of the infraction, the circumstances under which it occurred and when.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual.  Disqualification for an award of the AGCM can occur at any time during a qualifying period.  The custodian of the soldier’s military personnel records jacket will establish the new “beginning date” for the soldier’s eligibility for award of the AGCM and indicate the date on his or her Personnel Qualification Record.  

11.  The immediate unit commander’s decision to award the AGCM will be based on his or her personal knowledge and of the individual’s official records for periods of service under previous commanders during the period for which the award is to be made.  The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.

CONCLUSIONS:

1.  The applicant departed AWOL for 6 days in April 1973 and accepted          non-judicial punishment under Article 15, Uniform Code of Military Justice for the offense.  Based upon the timing of the AWOL and his application for a permissive reassignment to his spouse’s home area, it is reasonable to presume that his AWOL was caused by family problems.

2.  There is no evidence in the records that his commander at Fort Bragg chose to disqualify the applicant for award of the Army Good Conduct Medal.

3.  The applicant received an end-of-tour Army Commendation Medal for meritorious service for the period he was at Fort McClellan, AL, July 1973 to September 1975.

4.  There is no evidence in the records that his commander at Fort McClellan, AL chose to disqualify the applicant for award of the Army Good Conduct Medal.

5.  The applicant made up his lost time, completed a full 3-year enlistment period, and was honorably released from active duty.  He immediately re-enlisted in the Army National Guard and was still in the Guard as of the date of his application.

6.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good Conduct Medal for the period 28 August 1972 to 2 September 1975.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON