MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           16 April 2002                   
	DOCKET NUMBER:   AR2002066573

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		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: That his records be corrected to show entitlement to award of the Good Conduct Medal (GCMDL), for enlisted service.

APPLICANT STATES: That he enlisted in the Regular Army on 6 June 1968, and was selected to attend Field Artillery Officer Candidate School (FAOCS) while at the Reception Station, Fort Jackson, South Carolina.  He went on to complete Basic Combat Training (BCT), Advanced Individual Training (AIT), and Officer Candidate School (OCS) and was commissioned on 29 April 1969.  His enlisted service totaled 10 months and 23 days.  Army regulatory guidance (AR 600-8-22) requires a minimum of one year of enlisted service to qualify for the first award of the GCMDL.  He did not enlist in a delayed entry program, and completed BCT, AIT, and OCS on time and without being recycled.  He did everything the Army asked of him and, as a result, fell short of the minimum 1-year qualification period for award of the GCMDL (1st award) by 37 days.  He realizes over 30 years have elapsed since he was in an enlisted status; however, in the interest of fairness, he believes that he should receive his award.  He provides a copy of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 April 1969, which attests to his enlisted service of 10 months and 23 days. 

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

On 6 June 1968, the applicant enlisted in the Army.  He completed his required training and was awarded military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant).

During the period November 1968 through April 1969, he completed FAOCS.

On 28 April 1969, he was honorably discharged, in pay grade E-5, in order to accept a commission as an officer in the Army.

Army Regulation 672-5-1 (Military Awards), in effect at the time, indicates that the qualifying periods of service for award of the GCMDL are:

	a.  Each 3 years completed on or after 27 August 1940.

	b.  For first award only, 1 year served entirely during the period                 7 December 1941 to 2 March 1946.

	c.  For first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.

	d.  For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.

	e.  For first award only, for those individuals who die prior to the completion of 1 year’s active Federal military service.

Army Regulation 600-8-22 (Military Awards) maintains the same periods for qualification for award of the GCMDL.  Additionally, the criteria for retroactive award to enlisted personnel and to officer personnel who qualified in an enlisted status, is authorized provided evidence is available to establish qualification. 

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 evidence of record to show the applicant qualified for award of the GCMDL and the applicant has provided none; therefore, he is not entitled to award of the GCMDL.

2.  The Board has taken into consideration the applicant’s request for consideration based on fairness; however, consideration of fairness falls on the side of those who have actually qualified for the award.  There is no error or injustice in the applicant’s case.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement

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

__mmd___  _jtm____  __inw__   DENY APPLICATION

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

INDEX

CASE ID	AR2002066573	
SUFFIX		
RECON		
DATE BOARDED	20020416	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.