PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           05 FEBRUARY 2002
	DOCKET NUMBER:   AR2001063500

	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. June Hajjar 		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger W. Able		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.  He states he should have received the decoration, but never did.  He notes that he has been “trying to correct this since 1996.”  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant enlisted in the Regular Army on 5 February 1993 and served continuously until 4 February 1996 when he was released from active duty with an honorable characterization of service.

4.  During his period of active Federal service he was awarded an Army Achievement Medal and an Air Assault Badge.  Orders issued by the 10th Mountain Division at Fort Drum, New York confirmed both awards.  The applicant also received one Certificate of Achievement and completed several correspondence courses while on active duty.  He entered active duty in pay grade E-2 and was promoted to pay grade E-3 in June 1993 and to pay grade 
E-4 in December 1994.  There is no evidence of any derogatory information, or disciplinary actions, in available files.

5.  The applicant’s 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty), which he was not available to sign, does not reflect award of the Good Conduct Medal.  His award of the Army Achievement Medal and Air Assault Badge were omitted from the separation report.

6.  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.  Although there is no automatic entitlement to the 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.  

CONCLUSIONS:

1.  The applicant completed a qualifying period of honorable service for award of the Army Good Conduct Medal on 4 February 1996, when he was released from active duty.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him from receiving the award, nor is there any evidence of misconduct, which would serve as a basis to deny the applicant an award of the Good Conduct Medal.  He served honorably during his period of active duty and as such, in the interest of justice, should be awarded the Army Good Conduct Medal for the period 5 February 1993 through 4 February 1996.

2.  The evidence also shows that the applicant was awarded an Army Achievement Medal and the Air Assault Badge, which were omitted from his separation document.  Those two awards should be added to his 1996 DD Form 214 as well. 

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:

a.  by awarding the individual concerned the Army Good Conduct Medal for the period 5 February 1993 through 4 February 1996; and

b.  by showing that he is entitled to an Army Achievement Medal and the Air Assault Badge.

BOARD VOTE:  

___JH___  __KAK__  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______June Hajjar_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001063500	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020205	
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.