PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            7 August 2001
	DOCKET NUMBER:   AR2001055863

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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 he be awarded the Army Good Conduct Medal. 

3.  The applicant states that he has just noticed that his report of separation (DD Form 214) does not indicate an award of the AGCM.

4.  The applicant’s military records show that he enlisted on 24 July 1978 for a period of 3 years and training as a field artillery surveyor.  He completed his training and was assigned to Fort Sill, Oklahoma until he was honorably released from active duty in the pay grade of E-4 on 23 July 1981, Due to the expiration of his term of service.  He had served 3 years of total active service.

5.  A review of the applicant’s records fails to show that he was ever awarded the AGCM.  His records are also void of any derogatory information.

6.  Army Regulation 672-5-1, in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning award of the AGCM.  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 24 July 1978 to 23 July 1981.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

2.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

2.  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 AGCM for the period of 24 July 1978 to 23 July 1981 and correcting his records accordingly.

BOARD VOTE:  

___tbr  __  ___mkp_  ___rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson____
		        CHAIRPERSON

INDEX

CASE ID	AR2001055863	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056/AGCM	
2.		
3.		
4.		
5.		
6.