PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           23 OCTOBER 2001                   
	DOCKET NUMBER:   AR2001061818

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell 		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 award of the Army Good Conduct Medal.  He states he was not awarded the decoration and believes he was overlooked because of his numerous reassignments.  In support of his request he submits several performance evaluation reports, a copy of an Army Commendation Medal recommendation, and a statement from one of his unit commanders.

3.  Records indicate he entered active duty on 7 November 1989.  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 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The applicant completed his first period of eligibility for award of the Good Conduct Medal on 6 November 1992.

4.  Between November 1989 and November 1992 the applicant completed training, successfully completed one tour of duty in Korea, was promoted to pay grade E-5, and was awarded an Army Commendation Medal and the Air Assault Badge.  

5.  The July 1991 memorandum, submitted by the applicant in support of his request, was from his unit commander while in Korea.  It supported the applicant’s desire to apply for OCS (Officer Candidate School) and noted that he was “one of the finest soldiers in my unit.”  His Army Commendation Medal, awarded for meritorious service during the period 12 August 1991 through 
30 September 1992, noted that the applicant provided excellent supply support during numerous exercises, lead his section during tactical amphibious training, and accomplished all of his missions while assigned to the 3rd Brigade, 101st Airborne Division, at Fort Campbell, Kentucky.

6.  According to item 35 (record of assignment) on the applicant’s DA Form 2-1 (personnel qualification record) he was assigned to Fort Benning, Georgia in October 1992 for the purpose of attending OCS.  However, he returned to duties as a supply sergeant at Fort Campbell in November 1992 where he continued to serve admirably until his reassignment in March 1994.  The applicant’s second Army Commendation Medal, awarded for the period 10 August 1991 through 
1 March 1994, recognized the applicant’s meritorious service as a company level supply sergeant in a variety of units at Fort Campbell.

7.  The performance evaluation report, submitted by the applicant in support of his request confirm that the applicant was a consistently outstanding soldier who was well thought of by members of his chain of command.

8.  On 9 August 1995 the applicant was released from active duty, with an honorable characterization of service, for the purpose of attending school.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect entitlement to the Good Conduct Medal.

9.  While Army Regulation 600-8-22 states there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

CONCLUSIONS:

1.  There is no evidence the applicant was ever awarded an Army Good Conduct Medal.  However, the Board notes that he completed a qualifying period of service for the award on 6 November 1992.  There is no evidence that the applicant was ever disqualified for the award and no evidence which would serve as a basis to deny him the award.  The Board concludes that it would be appropriate, and in the interest of justice, to award the applicant an Army Good Conduct Medal for the period 7 November 1989 through 6 November 1992.  

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 Army Good Conduct Medal based on his honorable service during the period 7 November 1989 through 6 November 1992.

BOARD VOTE:  

__SLP __  __ALR __  __TEO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Shirley L. Powell    _
		        CHAIRPERSON

INDEX

CASE ID	AR2001061818	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011023	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.