MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 August 2001                   
	DOCKET NUMBER:   AR2001057040

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		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 his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214, be corrected to show the award of the Army Good Conduct Medal (AGCM).

APPLICANT STATES:  In effect, that he was informed that he was eligible for the award of the AGCM.  He believes that the Army made the error by not listing the medal on his DD Form 214.  He submits a copy of his DD Form 214, in support of his application.

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

After having previous National Guard Service the applicant enlisted in the Regular Army on 26 May 1960, for 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 931.10 (Medical Laboratory Specialist).  The highest pay grade he achieved was pay grade E-4.

On 21 February 1961, the applicant was convicted by a summary court martial
of two specifications of damaging government property by breaking a commode and ripping a mattress cover and one specification of drunk and disorderly conduct on post.  He was sentenced to a reduction to pay grade E-1 and a forfeiture of $55.00 pay.

On 24 May 1963, the applicant was released from active duty and transferred to the U.S. Army Reserve.  He completed 3 years, 8 months and 6 days of creditable service.  He was awarded the Marksman Badge (Rifle).  His DD Form 
214, does not show the award of the AGCM.  The applicant’s personnel record does not show that he was recommended for or awarded the AGCM.  

Army Regulation 600-8-22 provides that the 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 three years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal disqualification must be justified.

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 satisfactory of the Board, it must otherwise satisfactory appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  There is no evidence in the applicant’s record nor has he provided any evidence that shows he was recommended for or awarded the AGCM.  Although there is no indication that the applicant’s chain of command disqualified him from the award of the AGCM, his record shows that he was convicted by a summary court martial, which is a disqualifying factor for the award of the AGCM.  In view of the applicant’s disciplinary action, the Board has determined that the applicant was not eligible for the AGCM during his first enlistment.

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

__rvo___  __cjp___  __lds___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057040	
SUFFIX		
RECON		
DATE BOARDED	20010830	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.