PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 September 2002                   
	DOCKET NUMBER:   AR2002072827

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Mr. John T. Meixell		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 Good Conduct Medal.

3.  The applicant states that, in accordance with paragraph 4-7(d) of Army Regulation 600-8-22 (Military Awards), he was eligible for the Good Conduct Medal as of 10 August 2001.  The applicant did not provide any evidence in support of his claim.

4.  The applicant’s military records show that he entered active duty on 1 August 1996.  He served as a cannon crewmember and was honorably released from active duty in the rank of specialist on 27 November 1998 for completion of required active service.  He is currently serving as a sergeant in the Active Guard Reserve.

5.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Good Conduct Medal as an authorized award.

6.  There is no evidence that the applicant was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award. 

7.  Army Regulation 600-8-22 (Military Awards) 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

8.  Paragraph 4-7(d) of Army Regulation 600-8-22 states that an award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service.  This applies to first award only, all other awards of the Good Conduct Medal require 3 full years of qualifying service.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that, in accordance with paragraph 4-7(d) of Army Regulation 600-8-22 (Military Awards), he was eligible for the Good Conduct Medal as of 10 August 2001.  

2.  The Board reviewed the applicant’s record of active Federal service which began on 1 August 1996 and ended on 27 November 1998.  The Board concluded that, based on the governing regulation, the applicant could not have served a period of qualifying service for the first award or an additional award of the Good Conduct Medal ending on 10 August 2001.  As a result, the Board finds no basis for award of the Good Conduct Medal for a period ending on 10 August 2001.         

3.  There is no indication in the applicant’s service personnel records of indiscipline or other factors that would disqualify him from award of the Good Conduct Medal at the conclusion of his active duty on 27 November 1998.  

4.  Based on the foregoing, the Board determined that the applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying Federal military service from 1 August 1996 through 27 November 1998.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

5.  In view of the foregoing finding and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal for the period 1 August 1996 through 27 November 1998.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

CLA____  MHM____  JTM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Celia L. Adolphi________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072827	
SUFFIX		
RECON		
DATE BOARDED	20020905	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.