PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           18 October 2001         
	DOCKET NUMBER:   AR2001057522

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he is entitled to award of the Good Conduct Medal (GCMDL).  

3.  The applicant states, in effect, that his service was outstanding.  He submits a copy of his DD Form 214 in support of his request.

4.  The applicant's DD Form 214 shows that he served in the Regular Army from 
13 February 1997 until he was honorably discharged on 12 February 2000.  He was awarded the Army Commendation Medal, the Army Achievement Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Marksmanship Qualification Badge (Rifle M-16), and the Driver and Mechanic Badge.  His DD Form 214 does not show award of the GCMDL.

5.  There is no evidence of derogatory information in his available records nor is there any evidence to show that he was disqualified by his unit commander for award of the GCMDL.  

6.  Army Regulation 600-8-22 provides that the GCMDL 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 3 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 GCMDL, disqualification must be justified.  

CONCLUSIONS:

1.  The applicant served with honor and distinction.  There is no evidence of any misconduct, nor is there evidence that the applicant's unit commander ever denied him the award of the GCMDL.  Therefore, he is entitled to award of the GCMDL.  

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 and that the individual concerned be issued a DD Form 215 (Correction to 
DD Form 214) showing that he was awarded the GCMDL.

BOARD VOTE:

_FNE__  __MHM__  __BJE__  GRANT AS STATED IN RECOMMENDATION

_______  ________  ________  GRANT FORMAL HEARING

_______  ________  ________  DENY APPLICATION

		     __Fred N. Eichorn__
		        CHAIRPERSON

INDEX

CASE ID	AR2001057522	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20000212	
DISCHARGE AUTHORITY	AR635-200  Chapter 4	
DISCHARGE REASON	A03.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.