PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 March 2001
	DOCKET NUMBER:   AR2000049784

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		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, in effect, that she be awarded a Good Conduct Medal. 

3.  The applicant states, in effect, that she refutes the nonjudicial punishment she received in September 1980 because she was ill at the time and has since become 100% service connected for disability for schizophrenia.   

4.  The applicant’s military records show that she enlisted in the Regular Army on 1 November 1977 for a period of 3 years and training as an intelligence analyst.  She successfully completed her training and was transferred to Fort Lewis, Washington.  She was advanced to the pay grade of E-4 on 30 November 1979. 

5.  A review of her Military Personnel Records Jacket (MPRJ) and her Official Military Personnel File shows that she received at least two letters of commendation during her service.  Although there is no record of nonjudicial punishment (NJP) contained in her official records, her records do show that she was placed under a suspension of favorable personnel actions (flag) on 3 September 1980, while pending the imposition of NJP.   There is no indication that NJP was ever imposed or that her commander initiated any action to deny her the award of the Good Conduct Medal (GCMDL).

6.  On 31 October 1980, she was honorably discharged under the provisions of Army Regulation 635-200, chapter 2, due to the expiration of her term of service (ETS).  She had served 3 years of active Federal service.  The only award she was authorized at the time was a Marksman Qualification Badge (M16).

7.  Army Regulation 600-8-22 outlines the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  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.  Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL.  Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.  Commanders who elect not to recommend individuals for award of the GCMDL must provide a basis for such a recommendation and the individual concerned must be afforded an opportunity to respond to the recommendation for denial.

CONCLUSIONS:

1.  Although there is no automatic entitlement to the award of the GCMDL, the evidence of record clearly shows that the applicant served the entire 3-year period of her enlistment and there is no record of NJP imposed against her, and there is no indication that the commander took the steps necessary to deny her the award of the GCMDL.

2.  Therefore, the Board must presume that the failure to award her the GCMDL was simply that of an administrative oversight on the part of her commander and/or the separation transfer point at the time of separation.

3.  Accordingly, the Board finds that in the absence of evidence to show otherwise, it would be in the interest of justice to award her the GCMDL for the period of 1 November 1977 to 31 October 1980.

4.  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 awarding the individual concerned the GCMDL for the period of 1 November 1977 to 31 October 1980.

BOARD VOTE:  

___gw___  ___ar___  ___ra ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Roger W. Able______
		        CHAIRPERSON

INDEX

CASE ID	AR2000049784	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056/GCMDL	
2.		
3.		
4.		
5.		
6.