MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            14 January 1999                  
	DOCKET NUMBER:   AC98-117400
                                              AR1998009206

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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 he be awarded the Army Good Conduct Medal (AGCM).

APPLICANT STATES:  That he desires to have the AGCM awarded to him because he is due the medal.

COUNSEL CONTENDS:  That the applicant served honorably from 14 July 1975 to 7 July 1978 and should be awarded the AGCM for his service.

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

The applicant initially enlisted on 14 July 1975 for a period of 3 years.  He served as a medical specialist until he was honorably discharged on 7 July 1978.  His records for that period of service were not available for review by the Board; however, the applicant’s report of separation (DD Form 214) shows that he was separated in the pay grade of E-4 and that his only award was the Marksman Marksmanship Badge (M16).

He again enlisted on 26 October 1982 and served until he was honorably discharged in the pay grade of E-3 on 19 June 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.

Army Regulation 600-8-22 provides Department of the Army policy, criteria, and instructions for award of the AGCM.  It states, in pertinent part, that unit commanders are authorized to award the AGCM to enlisted personnel based on his or her personal knowledge of the individual’s official records, performance of duty, character, loyalty and obedience to superiors, and conduct which distinguishes them in an exemplary manner from their fellow soldiers.  While any record of nonjudicial punishment could be in conflict with recognizing the soldier’s service as exemplary, it is not automatically disqualifying.  Retroactive award of the AGCM is authorized provided evidence is available to establish qualification.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Contrary to the applicant’s contention that he is entitled to award of the AGCM simply by virtue of serving his term of enlistment, the AGCM is not an automatic award and is not based simply on having served.

3.  Inasmuch as there is no information present in the available records to establish the conduct and efficiency of the applicant’s service during the period in question, coupled with the fact that he had no other awards for service or achievement, it must be presumed that the applicant’s commander at the time determined that the character of the applicant’s service did not warrant award of the AGCM.
 
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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11700/AR1998009206	
SUFFIX		
RECON		
DATE BOARDED	1999/01/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  107.0058		
2.		
3.		
4.		
5.		
6.