MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 February 2003
	DOCKET NUMBER:   AR2002070456

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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 the Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT STATES:  That, upon his separation from active duty, his unit failed to add the AGCM to his DD Form 214.  He was in the Army for over 3 years without any record of misconduct.  Since he has become an Active Guard/Reserve (AGR) soldier, it would be nice to have this correction made to his records.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 28 February 1991.  He was promoted to Specialist, E-4, on 1 March 1993.

The applicant’s Official Military Personnel File (OMPF) (microfiche) contains no record of Article 15s or other disciplinary actions taken against the applicant.  His Enlisted Qualification Record (DA Form 2-1) is not filed in his OMPF.  No AGCM orders are filed in his OMPF.  No other documentation concerning the AGCM is filed in his OMPF.

The applicant was released from active duty on 22 February 1994 after completing 2 years, 11 months, and 25 days of creditable active service with no lost time.  He was given an honorable characterization of service and a reentry code of 1.

As of 29 January 2003, the applicant is still in the AGR program.  

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  It provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  It is awarded for each 3 years of continuous enlisted active Federal military service completed on or after               27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. 

Although there is no automatic entitlement to the AGCM, disqualification must be justified.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s DA Form 201 (Military Personnel Records Jacket).  The custodian of the MPRJ will forward these documents for permanent filing in the individual’s OMPF.  The immediate commander’s decision to award the AGCM will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.  

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.  The Board acknowledges that there is no record of misconduct noted in the applicant’s OMPF (which, however, would not preclude the possibility that locally-filed non-judicial punishment was administered).  

2.  The applicant’s DA Form 2-1 is not filed in his OMPF, so it cannot be determined what his promotion history (or reduction history, if any) was.  The Board notes that there is no AGCM disqualification statement filed in his OMPF.

3.  However, the applicant states that his unit failed to add the AGCM to his DD Form 214, not that they failed to award it.  It appears he may have a copy of such orders.  If so, he should provide those orders in support of his request.  If he does not have such orders, he may resubmit his application and request that the AGCM be awarded.  In that case, a copy of his active duty DA Form 2-1, if available, would be helpful. 

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

__MHM__  __CLG  _  __RJW  __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002070456	
SUFFIX		
RECON		
DATE BOARDED	2003/02/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.