PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                8 July 1999
	DOCKET NUMBER:       AR1999017446

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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 Good Conduct Medal and the Meritorious Unit Commendation (Army). 

3.  The applicant states that the Good Conduct Medal and Meritorious Unit Commendation (Army) are not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also states that he was assigned to the 
6th Battalion, 3rd Air Defense Artillery.  In support of his application he submits a copy of the history of the Meritorious Unit Commendation (Army) for the 
6th Battalion, 3rd Air Defense Artillery.

4.  The applicant’s military records show he entered active duty on 29 November 1989 as a man portable air defense system (MANPADS) crewmember.  He continued to serve until he was honorably discharged on 28 November 1992.

5.  The applicant’s DD Form 214 does not show the Good Conduct Medal or the 
Meritorious Unit Commendation (Army) as authorized awards.

6.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  
There is no evidence of derogatory information contained in the available records.

7.  Records show the applicant was assigned to the 6th Battalion, 3rd Air Defense Artillery from 1 May 1990 to 8 September 1991.  

8.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed that the 6th Battalion, 3rd Air Defense Artillery was not cited for the Meritorious Unit Commendation (Army) during that period.

9.  Army Regulation 600-8-22 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.  

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal for the period 29 November 1989 to 28 November 1992 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

2.  The applicant provided evidence to show that the 6th Battalion, 3rd Air Defense Artillery was cited for the Meritorious Unit Commendation (Army); however, during the period 1 May 1990 to 8 September 1991 the 6th Battalion, 3rd Air Defense Artillery was not cited for the Meritorious Unit Commendation (Army).  Therefore, he is not entitled to correction of his military records to show this award.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing in item 13 of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 29 November 1989 to 28 November 1992.

BOARD VOTE:  

JH______  RVO____  RWA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		June Hajjar___________
		CHAIRPERSON

INDEX

CASE ID	AR1999017446	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990708	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19921128	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 102		
2.  80		
3.		
4.		
5.		
6.