MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 August 2001                   
	DOCKET NUMBER:   AR2001054591

	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. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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 he be awarded the Army Good Conduct Medal for his initial period of service and that he receive an award for his service in the U. S. Army Reserve (USAR).

APPLICANT STATES:  That the service stripes on his uniform must match the Army Good Conduct Medal or the photographers at their photo facility will not take his official photo for the upcoming E-7 promotion board.  He states that he provided a copy of his Report of Separation or Discharge, DD Form 214, and his release from the USAR to allow him to reenlist in the Regular Army but no documents were attached.

EVIDENCE OF RECORD:  The applicant's military records, except his Delayed Entry Program (DEP) documents, from his initial period of service are not available.  The records may be at the Army Reserve Personnel Command but cannot be obtained by the Board at this time.  The information contained herein was obtained from alternate sources.

The applicant enlisted in the DEP on 19 June 1987 and in the Regular Army on  2 September 1988.  He apparently was honorably separated on 1 September 1991 and entered the active Reserve at some point.  He reenlisted in the Regular Army on 9 March 1995 from the USAR in pay grade E-4.

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.  The decision to award an individual a personal decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  No individual is automatically entitled to an award upon departure from an assignment.  

Each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  However, Title 10, U. S. Code, section 1130 (formerly known as section 522 of the National Defense Authorization Act of 1996) provides that the Service concerned will review a proposal for the award of a decoration that would not otherwise be authorized to be awarded based upon 

time limitations previously established by law.  A separate Recommendation for Award, DA Form 638, must be submitted for each award.  The unit, the period of assignment, and the award being recommended must be clearly identified.  A narrative of the actions or period for which recognition is requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requestor.  A request for award should be sent, through the appropriate Member of Congress, to:  Commander, U. S. Total Army Personnel Command, ATTN:  TAPC-PDO-PA (Awards Branch), Room 3S67, Hoffman II, 200 Stovall Street, Alexandria, VA  22332-0400.

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.  There is no automatic entitlement to the Army Good Conduct Medal and there are insufficient records available to enable the Board to make a decision whether the applicant met the criteria for its award.  When his initial service records become available, he may request reconsideration.

2.  The applicant should inform, or have his servicing personnel service company inform, his photo facility that there is no direct relationship between the Army Good Conduct Medal and the uniform service stripe.  

3.  No individual is automatically entitled to an award upon departure from an assignment.  If the applicant feels he should have been recommended for an award while he was in the active Reserve, he should take the actions provided for in Title 10, U. S. Code, section 1130 as outlined above.

4.  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____  __tfb___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001054591	
SUFFIX		
RECON		
DATE BOARDED	20010816	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	107.0056	
3.		
4.		
5.		
6.