PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 October 2002
	DOCKET NUMBER:   AR2002072581

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, 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 that he be awarded the Good Conduct Medal (GCMDL).

3.  The applicant states, in effect, that he served honorably while in the service and the only trouble he got into was when he was arrested in Fairbanks, Alaska, 3 weeks before his 21st birthday for being a minor on the premises of a bar.  He also states that he attempted to join the National Guard but was rejected because of a problem with his hearing that was probably the result of his being a mortar crewman.  In support of his application he submits two photographs showing that he was wearing the GCMDL and letters from five former soldiers he served with and for in Alaska, all of which support his receiving the GCMDL. 

4.  The applicant’s military records show that he was born on 15 November 1947 and was inducted on 24 January 1968.  He completed his training and was transferred to Alaska on 1 July 1968, for duty as an indirect fire crewmember.  He was advanced to the pay grade of E-3 on 26 September 1968.

5.  Although there are no specifics contained in his records that explain exactly what occurred, he was reduced to the pay grade of E-2 on 11 October 1968 (approximately 1 month before his 21st birthday), due to conviction by a civil court.  He was advanced to the pay grade of E-3 on 25 January 1969 and to the pay grade of E-4 on 25 February 1969.

6.  A review of his records shows no other derogatory information and they also show that he had excellent conduct and efficiency ratings.  There is also no indication that the commander disqualified the applicant for award of the GCMDL.

7.  On 20 January 1970, he was honorably released from active duty as an overseas returnee.  He had served 1 year, 11 months and 27 days of total active service.

8.  Army Regulation 672-5-1, in effect at the time, also established the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  The regulation outlines the criteria for award of the GCMDL and provides, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL.  Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.  The regulation also requires that commanders notify individuals in writing of reasons they will be disqualified for award of the GCMDL and will be afforded to the opportunity to submit matters in their own behalf before they are disqualified for such an award.

CONCLUSIONS:

1.  The Board notes that the only derogatory information contained in his records was his reduction to the pay grade of E-2 based on his conviction by a civil court. Inasmuch as he was advanced two pay grades (after his reduction), within 4 months of being reduced, it is reasonable to presume that his reduction was for a minor offense.

2.  The Board also finds it reasonable to presume that given the absence of a disqualification for award of the GCMDL and the fact that he had excellent conduct and efficiency ratings, in all likelihood the failure to award him the GCMDL was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 24 January 1968 to 20 January 1970.

3.  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 GCMDL for the period of 24 January 1968 to 20 January 1970.

BOARD VOTE:  

___fe ___  ___slp___  ___eja__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002072581	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056/GCMDL	
2.		
3.		
4.		
5.		
6.