PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 DECEMBER 2002                  
	DOCKET NUMBER:   AR2002074497

	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. Celia L. Adolphi		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Conrad V. Meyer		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, in effect, that his records be corrected to reflect award of two Army Achievement Medals, one Army Commendation Medal, and the Army Good Conduct Medal.  He states that he left his overseas assignment in Germany unexpectedly and was told that "everything was going to be forwarded to [his] home address."  He notes that he received two Army Achievement Medals while assigned overseas and that he was awarded an Army Commendation Medal "for service" and an Army Good Conduct Medal for 3 years of "good conduct."  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant entered active duty on 14 August 1990 and served overseas for approximately 25 months.  He was promoted to pay grade E-4 in October 1992 and was released from active duty, with an honorable characterization of service, on 13 August 1993.  

4.  Orders reassigning the applicant from Germany to Fort Irwin, California were issued on 5 February 1993, with an "availability date" for transportation effective 13 February 1993.  

5.  Although records available to the Board contained original copies of the applicant's enlistment, promotion, and separation documents, there was no microfiche copy of his Official Military Personnel File available, or any documents associated with individual awards or decorations.

6.  Army Regulation 600-8-22 states that the Army Achievement Medal and Army Commendation Medal are individual decorations, which require a recommendation, approval through the chain of command, and announcement in orders.

7.  Army Regulation 600-8-22 also provides that the Army 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 Army 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.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 13 August 1993.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 14 August 1990 through 
13 August 1993.

2.  There is however, no evidence, and the applicant has not provided any, which confirms he was recommended for, or awarded any Army Achievement Medals or the Army Commendation Medal.  In the absence of such evidence, the Board concludes there is no basis to correct his records to reflect those decorations.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  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 for the period 14 August 1990 through 13 August 1993.

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

BOARD VOTE:  

__CLA __  __TSK __  __CVM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002074497	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021210	
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.