MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2001                   
	DOCKET NUMBER:   AR2001051692

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Ernest W. Lutz, Jr.		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 she be awarded the Army Good Conduct Medal.

APPLICANT STATES:  That she should have received the Army Good Conduct Medal after her third year of service.

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

She enlisted in the Army on 14 May 1997.

On 4 May 1999, the applicant was counseled concerning her failure to pass the Army Physical Fitness Test (APFT).  She was flagged effective 4 May 1999.

On 25 August 1999, the applicant failed her second consecutive APFT and it was recommended she receive a local bar to reenlistment.  The bar was approved on 24 September 1999.

On 6 November 2000, the applicant’s commander initiated separation proceedings under the provisions of Army Regulation 635-200 for unsatisfactory performance.  His recommendation cited her four consecutive failures of the APFT as the basis for the action.

On 8 December 2000, the applicant was discharged, with an honorable discharge, under the provisions of Army Regulation 635-200, paragraph 13-2F, physical standards.

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. 

Army Regulation 600-8-2 prescribes policies governing the suspension of favorable personnel actions (flagging actions).  In pertinent part, it states that failure to pass the APFT requires a flagging action.  A flag prohibits the execution of awards and decorations.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.
2.  The applicant would have become eligible for award of the Army Good Conduct Medal on 13 May 2000; however, she was flagged effective 4 May 1999.  It appears her flag was never lifted and a flagging action prohibits award of 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

__jh____  __mhm___  __ejl___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051692	
SUFFIX		
RECON		
DATE BOARDED	20010801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.