MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 October 2000                   
	DOCKET NUMBER:   AR2000042953

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Army Good Conduct Medal.

APPLICANT STATES:  That he served three years with no Article 15s and he received an honorable discharge.

EVIDENCE OF RECORD:  The applicant's military records (fiche only) show:

He enlisted in the Regular Army on 2 January 1996.  He completed basic training and advanced individual training and was awarded military occupational specialty 77F (Petroleum Supply Specialist).  He was awarded the Parachutist Badge.  He was advanced to Private, E-2 on 2 July 1996.  He was honorably released from active duty on 1 January 1999, in pay grade E-2, upon completing his required active service.  

There are no Article 15s on the applicant’s fiche.

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  It provides that the Army 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 normally 3 years.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board has insufficient records on which to grant the applicant’s request.

2.  On the surface, the applicant’s contention appears to be valid.  He did serve for a full three years, he was honorably discharged, and there are no records of nonjudicial punishment on his available fiche.  However, the Board notes that the evidence of record shows that he was never advanced beyond Private, E-2.  Without being able to review his hard copy records (which most likely, considering his recent separation, have not yet been filed by the National Archives and Records Administration), the Board presumes that the Army did not err in not awarding him the Army Good Conduct Medal.  

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jns___  __rjw___  __rtd___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000042953	
SUFFIX		
RECON		
DATE BOARDED	20001003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.