RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 January 2004                   
	DOCKET NUMBER:   AR2003090091

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Karen Y. Fletcher		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his records be corrected to show award of the Good Conduct Medal (GCMDL).  

2.  The applicant states, in essence, that he was authorized award of the GCMDL prior to receiving a nonjudicial punishment (NJP). 

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 9 July 1995.  The application submitted in this case is dated 14 April 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that, with no prior service, he served in the Regular Army (RA) from 10 July 1991 until honorably separated on 9 July 1995.  Pay grade E-4 was the highest grade he achieved.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded two Army Achievement Medals, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon the Army Lapel Button, and the Driver and Mechanic Badge with Driver-A Bar.  There is no evidence he was awarded the GCMDL.

5.  On an unknown date, NJP under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), was imposed against the applicant for operating a vehicle on 23 November 1994 while drunk.  His punishment included the forfeiture of $497.00 pay per month for 2 months (suspended until 1 March 1995), reduction from pay grade E-4 to pay grade E-2, 15 days' restriction and 45 days of extra duty.  

6.  There is no evidence that the suspended portion of the applicant's punishment was ever vacated.  In fact, there is no evidence of any further derogatory information in his record during this period of service.  The applicant completed his 4-year enlistment obligation and he was honorably separated by reason of "completion of required active service."

7.  There is also no evidence to show that the applicant's unit commander disqualified him from award of the GCMDL.  

8.  The applicant served in the United States Army Reserve from 12 October 1995-15 November 1996, until he was separated for unsatisfactory performance, due to having 9 unexcused absences. 

9.  Army Regulation 600-8-22 provides that the GCMDL 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 GCMDL, disqualification must be justified.  The applicant's 3-year period of qualifying service for award of the GCMDL was from 10 July 1991 to 9 July 1994.

DISCUSSION AND CONCLUSIONS:

1.  Drinking and driving is a serious offense and may have justified not awarding the applicant the GCMDL.  However, the applicant's period of qualifying service for award of the GCMDL was through 9 July 1994 and his drunk driving offense occurred on 23 November 1994.  There is no evidence the commander ever denied him the GCMDL for the period 10 July 1991 - 9 July 1994 based on the 23 November 1994 misconduct.

2.  Under regulations in effect, disqualification for award of the GCMDL must be justified.  Since the applicant's commander did not take the appropriate steps to deny the award, the applicant is entitled to award of the GCMDL.  

BOARD VOTE:

__rvo___  __wtm___  __kyf___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is authorized award of the GCMDL for the period 10 July 1991 - 9 July 1994.  

					Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003090091	
SUFFIX		
RECON		
DATE BOARDED	20040129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.