PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           16 February 2000                  
	DOCKET NUMBER:   AR1999028579

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Meta Waller 		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 Overseas Service Ribbon.

3.  The applicant states that the two awards were never given to him.  In support of his application, he submits a copy of his DD Form 214 with an effective date of 
4 December 1980.

4.  The applicant’s military records show that he served in the Army National Guard from September 1974 to October 1977.  He enlisted in the Regular Army on 11 October 1977 for a period of 4 years.  The applicant trained as an unit supply specialist, served in Germany and reenlisted on 21 December 1979.  On
4 December 1980 the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 6, due to parenthood of married service women or sole parent. 

5.  The applicant’s DD Form 214 with an effective date of 4 December 1980 does not show the Good Conduct Medal or the Overseas Service Ribbon as authorized awards.

6.  There is no evidence in the applicant’s personnel records that he was considered for the first award of the Good Conduct Medal.  There also is no evidence of record that his chain of command took any action to disqualify him from receiving the Good Conduct Medal.   

7.  The applicant’s personnel records indicate that he arrived in Germany on or about 15 December 1979 and his DEROS [date estimated return from overseas] was 10 December 1982.  However, the Board notes the applicant was discharged on 4 December 1980.    

8.  Army Regulation 600-8-22 (Military Awards) 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.      

9.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a three-year period of qualifying Federal military service (active duty from 11 October 1977 through 10 October 1980).  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 4 December 1980 to show this award.

2.  Evidence of record shows the applicant did not successfully complete his overseas tour in Germany.  Therefore, he is not entitled to award of the Overseas Service Ribbon. 

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:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the first award of the Good Conduct Medal for the period of 11 October 1977 through 10 October 1980.

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

BOARD VOTE:  

AAO_____  CLG____  MW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028579	
SUFFIX		
RECON		
DATE BOARDED	20000216	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19801204	
DISCHARGE AUTHORITY	AR 635-200, Chapter 6	
DISCHARGE REASON	Due to parenthood of married service women or sole parent	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	107.0079	
3.		
4.		
5.		
6.