MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 March 2001
	DOCKET NUMBER:   AR2000048982

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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:  In effect, that a record of nonjudicial punishment (NJP) be expunged from his record and he be awarded the Army Good Conduct (AGCM) Medal.

APPLICANT STATES:  In effect, that the punishment imposed by his unit commander was too harsh and he would like the NJP removed from his outstanding record of 26 years of service.  He claims that he was wronged over 30 years ago and the NJP at issue was the only mark in his record.  

EVIDENCE OF RECORD:  The applicant's military records show:

He served on active duty for 3 years from 23 February 1968 to 23 February 1971, at which time he was honorably released from active duty (REFRAD), by reason of expiration of term of service, in the rank and pay grade of specialist/E-5 (SP5).

The applicant served in the United States Army Reserve (USAR) from 1972 to 1994.  Orders Number 108-21, dated 13 June 1994, issued by Headquarters, 94th Army Reserve Command, Hanscom Air Force Base, Massachusetts, directed he be assigned to the USAR Retired Reserve, effective 1 September 1994, in the rank and pay grade of first sergeant/E-8 (1SG/E-8).  

The applicant’s active duty records were not available to the Board for review, however, his record did include a copy of the Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued to and authenticated by the applicant with his signature on the date of his separation. 

The DD Form 214 confirms that he was REFRAD, by reason of expiration of term of service (ETS), after completing 3 years and 1 day of active duty.  This document also shows that his service was characterized as honorable and during his tenure on active duty the only awards he received were the National Defense Service Medal and the Sharpshooter Marksmanship Badge (M-14 Rifle).  

The separation document also confirms that on the date of his separation, the applicant was assigned to Company A, 2nd Battalion, 63rd Armor, 1st Infantry Division, Fort Riley, Kansas.  The applicant authenticated the DD Form 214 with his signature on the date it was issued, thereby, affirming that the information contained therein was correct at the time.  

The applicant provided a copy of a Department of the Army (DA) Form 2627-1 (Record of Proceedings Under Article 15, UCMJ),dated 25 November 1968, which he accepted while serving in Germany as a private first class (PFC).  

The unit commander of Company C, 3rd Battalion, 35th Armor, based on the applicant’s having been relieved from guard mount based on his having been found sloppy in appearance, imposed the NJP, which consisted of a suspended forfeiture of $22.00 and 14 days of restriction and extra duty.  On 27 November 1968, the applicant appealed the punishment imposed for family hardship reasons and this appeal was partially approved, in that the unit commander remitted the portion or the punishment pertaining to restriction.  

Army Regulation 27-10, in effect, at the time, contained guidance on the filing of DA Forms 2627, and stated in pertinent part, that for soldiers with less than three years of service, the DA Form 2627-1 was filed in the Military Personnel Records Jacket (MPRJ) for two years, at which time it was removed and destroyed. 

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 4 contains policy and procedure pertaining to the award of the AGCM.  It states, in pertinent part, that the AGCM is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It further indicates that there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  

Paragraph 4-3 states, in pertinent part, that unit commanders are authorized to award the AGCM to enlisted personnel serving under their command jurisdiction who meet the established criteria.  Requests for former soldiers may be submitted to the Commander, ARPERCEN, ATTN: DARP-PAS-EAW, 9700 Page Boulevard, St. Louis, MO 63132-5200.  However, paragraph 4-11 states, in pertinent part, that retroactive awards to enlisted personnel are only authorized provided evidence is available to establish qualification.  

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 noted the applicant’s contention that the 1968 NJP imposed on him was too harsh and was the only reason he was unfairly denied the AGCM at the completion of his active duty service.  However, after carefully examining the available evidence, the Board finds these claims lack merit. 

2.  The available evidence of record and the independent evidence submitted by the applicant provide no evidentiary support for his claim that the NJP imposed was too harsh.  The punishment initially imposed by the unit commander seems minor and in addition, he further remitted the restriction portion of the punishment for compassionate reasons.  Thus, the Board finds relief is not warranted on this issue.

3.  The applicant’s service record for the period of active duty in question was not available to the Board for review.  However, the available evidence did contain a properly constituted DD Form 214, authenticated by the applicant on the date of his separation, which confirms he was not awarded the AGCM.  

4.  The separation document also confirms that the applicant was separated while serving for a unit commander other than the one who imposed the NJP and subsequent to the date when the DA Form 2627-1 in question would have been removed from his MPRJ.  Therefore, the Board has no reason to believe this record of NJP was the sole basis for his being denied the AGCM.

5.  Lacking evidence to the contrary, the Board must presume government regularity in the AGCM consideration process.  Further, the Board lacks the necessary records to evaluate the applicant’s overall record of service, which would be necessary to substitute its judgement for that of those officials responsible for awarding the AGCM at the time.  

6.  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

___slp___  ___rks __  __jpi  ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048982	
SUFFIX		
RECON		
DATE BOARDED	2001/03/22	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1971/02/23	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056	
2.  328	134.0000	
3.		
4.		
5.		
6.