PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 November 1998                  
	DOCKET NUMBER:   AC98-12160

	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. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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, in effect, that his Private, E-2 (PV2) date of rank be adjusted and he receive all applicable back pay.

3.  The applicant states he got out of basic training with E-1 pay and went through his entire time during advanced individual training (AIT) also drawing E-1 pay when he should have been getting E-2 pay.

4.  The applicant’s military records show that he completed 12 years of education.  He enlisted in the Regular Army on 12 September 1975 in pay grade E-1 for Station of Choice and Training of Choice enlistment options.  He completed basic training and AIT and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).  He was promoted to PV2 on 1 February 1976.

5.  There is a Disposition Form on file from the servicing Personnel Service Company to the applicant’s commander stating no information was found to automatically disqualify him from award of the Army Good Conduct Medal and requesting a recommendation from the commander.  The commander’s recommendation is not available.  There is no disqualification noted on his Personnel Qualification Record.

6.  On 11 September 1978, the applicant was honorably relieved from active duty, in pay grade E-4, after completing 3 years of creditable active service with no lost time.

7.  Army Regulation 600-200, in effect at the time, provided for the normal advancement to pay grade E-2, unless it was prevented by the commander concerned, when the individual completed 4 months of active federal service. Time spent in a delayed-entry program would not be counted in determining eligibility for advancement.  Basic training commanders could advance up to     35 percent of those completing basic training to PV2.

8.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal will be awarded to soldiers for each 3 years completed on or after 27 August 1940 when the immediate commander evaluates the soldier’s character as above reproach.

CONCLUSIONS:

1.  There is no evidence to show the applicant enlisted with any special qualifications or enlistment commitments that would automatically entitle him to accelerated advancement to PV2.  There is no evidence to show his basic training commander advanced him to PV2 upon graduation from basic training.
2.  While under normal criteria the applicant would have been advanced to PV2 after completing 4 months active federal service, i. e., on 12 January 1976, in the absence of evidence to the contrary it is presumed his actual advancement date of 1 February 1976 was correct.

3.  The applicant met the requirement for award of the Army Good Conduct Medal since there is no evidence of record to show the commander determined he was not qualified for the award.

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

RECOMMENDATION:

1.  That the applicant be awarded the Army Good Conduct Medal and the award be added to his DD Form 214.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

GDP__  CLA_____  RWG_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12160	
SUFFIX		
RECON		
DATE BOARDED	19981124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.09	
2.		
3.		
4.		
5.		
6.