PROCEEDINGS

           IN THE CASE OF:      

	BOARD DATE:  15 September 1999                              
	DOCKET NUMBER:   AR1999020537

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman		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 that the memorandum disqualifying him for award of the Good Conduct Medal be removed from his OMPF (official military personnel file).   

3.  The applicant states that he was found not guilty of driving under the influence (DUI); and later received the Good Conduct Medal for the same time period in which he was disqualified for that award.  He never saw nor did he sign the memorandum disqualifying him for that award.

4.  The applicant’s military records show that he enlisted in the Army for four years on 5 September 1989 and has remained on continuous active duty, attaining the rank of Staff Sergeant.  A 15 June 1992 memorandum in the applicant's restricted portion of his OMPF disqualifies him for award of the Good Conduct Medal for the period September 1989 to September 1992 for DUI.  That document is signed by his company commander, but neither signed or dated by the applicant.

5.  Documents submitted by the applicant with his request indicates that he was found not guilty of DUI in the Superior Court of Cumberland County on               25 August 1992; that he was awarded the Good Conduct Medal for the period    5 September 1989 to 4 September 1992, and for the period 5 September 1992 to 4 September 1995.  

6.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  That command stated that there was no evidence that the applicant had been informed in writing of his intentions to disqualify him for award of the Good Conduct Medal, as required by regulation; the applicant was found not guilty of the charge of DUI and no further disciplinary action was taken, and there is no other derogatory information in the applicant’s record which would disqualify him for that award; and the applicant was awarded the Good Conduct Medal for the same period in which he was disqualified for that award.  The PERSCOM recommended that the memorandum of disqualification be obliterated from the applicant’s OMPF and the applicant be furnished a copy of the updated OMPF microfiche. 

7.   The applicant was furnished a copy of the advisory opinion on 22 April 1999 for his information and possible comment.  He failed to respond.  

CONCLUSIONS:

1.  The 15 June 1992 memorandum disqualifying the applicant for award of the Good Conduct Medal for DUI for the period September 1989 to September 1992 should be obliterated from the applicant’s OMPF, and the applicant should be furnished a copy of the updated OMPF. 

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by obliterating the 15 June 1992 memorandum disqualifying the applicant for award of the Good Conduct Medal for DUI for the period September 1989 to September 1992; and that the applicant be furnished a copy of the updated OMPF.

BOARD VOTE:  

___kan__  ___tsk___  ___jma__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020537	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990915	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  134.02		
2.		
3.		
4.		
5.		
6.