PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           24 August 2000
	DOCKET NUMBER:   AR2000037720

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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 inclusive dates for award of his Army Good Conduct Medals (AGCM) be corrected.

3.  The applicant states that, due to a break in service, the dates of his AGCMs are not correct.  He wants the dates corrected for the sake of accuracy.  He adds that this incorrect information was placed before promotion boards.  In support of his application, he provides:  a 31 January 2000 memorandum; a copy of his DD Form 214, Certificate of Release or Discharge From Active Duty; copies of college transcripts from North Central Institute and Troy State University; enlistment documents from his first and second enlistments; and a copy of his citation for the Meritorious Service Medal.

4.  The applicant’s military records show that he is a retired staff sergeant.  He enlisted in the Regular Army for 3 years on 24 June 1976 and was honorably discharged on 23 June 1979.  His DD Form 214 does not reflect the award of an AGCM.

5.  The applicant had a break in active service from 24 June 1979 to 15 October 1979.  He enlisted on 16 October 1979 and remained on continuous active duty until his honorable discharge by reason of retirement on 31 October 1996.  His DD Form 214 shows a total of 20 years and 15 days of creditable service and that he was awarded 5 AGCMs.

6.  The applicant's records contain only four orders for the AGCM.  These orders are as follows:

Permanent Orders 91-2, DA, HQ 8th PERSCOM (Prov) APO SF 96302, dated 22 June 1982, AGCM (2nd Award), 23 Jun 79 to 22 Jun 82.

Permanent Orders 83-2, DA, 546th PSC, Ft. Hood, TX 76544, dated 3 March 1985, AGCM (3rd Award), 26 Jun 82 to 25 Jun 85.

Permanent Orders 44-4, DA, HQ 197th Infantry Bde, Ft. Benning, GA 31905, dated 24 April 1990, AGCM (4th Award), 15 Sep 85 to 14 Sep 88.

Permanent Orders 037-02, DA, 378th PSC, Unit # 25748, APO AE 09242, dated 18 October 1994, AGCM (5th Award), 17 Oct 91 to 16 Oct 94.

7.  Army Regulation 600-8-22 provides that the AGCM 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's records are incorrect concerning the total number of awards of the AGCM and the inclusive dates thereof.  The applicant's first award of the AGCM should have been for the period 24 Jun 76 to 23 Jun 79.  His subsequent awards (2-6) should have been for the following periods:  16 Oct 79 to 15 Oct 82, 16 Oct 82 to 15 Oct 85, 16 Oct 85 to 15 Oct 88, 16 Oct 88 to 15 Oct 91, and 16 Oct 91 to 15 Oct 94.

2.  The applicant's DD Form 214 dated 31 October 1996 is incorrect.  In Block 13, it should say "ARMY GOOD CONDUCT MEDAL (6TH AWARD).

3.  These errors are not substantive in nature and do not provide justification for any other changes in the applicant's records (e.g., promotion reconsideration).

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by: 

a.  Voiding the Permanent Orders cited above as pertain to the individual concerned;

	b.  Issuing a new Permanent Order awarding the individual concerned six AGCMs for the periods 24 Jun 76 to 23 Jun 79, 16 Oct 79 to 15 Oct 82, 16 Oct 82 to 15 Oct 85, 16 Oct 85 to 15 Oct 88, 16 Oct 88 to 15 Oct 91, and 16 Oct 91 to 15 Oct 94; and

	c.  Issuing the individual concerned a DD Form 215, Correction to DD Form 214, showing "ARMY GOOD CONDUCT MEDAL (6TH AWARD)" in Block 13.

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

BOARD VOTE:  

__gdp___  __clg____  __alr ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__George D. Paxson__
		        CHAIRPERSON

INDEX

CASE ID	AR2000037720	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.