PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 AUGUST 2003                  
	DOCKET NUMBER:   AR2003085434

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		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 Army Good Conduct Medal. 

3.  The applicant states that he received nonjudicial punishment under Article 15, UCMJ, during the last three months of his enlistment.  This was a one-time offense.  His service was exemplary, except for this one incident.

4.  The applicant’s military records show that he enlisted in the Army for three years on 27 December 1984, completed training as a medical aidman, and in May 1985 was assigned to Fort Hood, Texas.  On 10 September 1985 the applicant was awarded the Army Achievement Medal for meritorious achievement for the period 15 July 1985 to 10 August 1985.  On 1 May 1986 he was promoted to pay grade E-4.  He was awarded a second Army Achievement Medal on 10 July 1986 for his meritorious achievement for the period 4 May 1986 to 31 May 1986.  On 13 February 1987 he completed the Primary Leadership Development Course.  

5.  On 15 December 1987 the applicant was released from active duty in pay grade E-4 because of expiration of his term of service – holiday early transition program.  He had 2 years, 11 months, and 19 days of service. 

6.  The applicant's record contains no evidence of a record of nonjudicial punishment, nor any reference to an award of, or of a disqualification for award of, the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 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.  While any record of nonjudicial punishment could be in conflict with recognizing the soldier's service as exemplary, such record should not be viewed as automatically disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, 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.  The statement will be referred to the soldier for comment.    
CONCLUSIONS:

1.  The applicant's commanding officer may have determined that the applicant was not entitled to award of the Army Good Conduct Medal by virtue of his misconduct resulting in nonjudicial punishment.  That officer's intentions, however, are unknown, and there is no record of the nonjudicial punishment action, nor is there any reference in the applicant's record concerning the Army Good Conduct Medal.  

2.  The applicant was promoted to pay grade E-4 during his period of service, completed the Primary Leadership Development Course, and received two awards of the Army Achievement Medal.  Notwithstanding his one instance of misconduct, as he has alleged, it would appear to this Board that his record of service was meritorious. 

3.  Consequently, the applicant should be entitled to award of the Army Good Conduct Medal.  

4.  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 showing that the individual concerned was awarded the Army Good Conduct Medal for the period 27 December 1984 through 15 December 1987.

BOARD VOTE:  

__RVO __  __JEA __  __LMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2003085434	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030814	
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.