PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 April 2002                   
	DOCKET NUMBER:   AR2001064179

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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 that his two Army Achievement Medals (AAMs) be added to his Certificate of Release or Discharge from Active Duty, DD Form 214.

3.  The applicant makes no further statement.  He provides his two AAM certificates as supporting evidence.

4.  The applicant’s official military personnel file (OMPF) shows that he enlisted in the Regular Army on 21 August 1998.  He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember).  His Enlisted Record Brief shows he was assigned Headquarters and Headquarters Troop, 2d Squadron, 2d Armored Cavalry Regiment (ACR) on 9 December 1998 and on 19 May 1999 was reassigned to Howitzer Battery, 2d Squadron, 2d ACR.

5.  Permanent Orders 135-22, 2d Squadron, 2d ACR dated 5 May 1999 awarded the applicant the AAM for achievement for the period 22 through 25 March 1999.  The award certificate shows he was assigned to Howitzer Battery, 2d Squadron, 2d ACR.  

6.  Permanent Orders 297-04, 2d Squadron, 2d ACR dated 25 October 2000 awarded the applicant the AAM for service for the period 1 December 1998 through 1 December 2000.

7.  The applicant was released from active duty on 7 December 2000 under the Holiday Early Release Program, in pay grade E-4, after completing 2 years, 3 months, and 17 days of creditable active service with no lost time.  There is no evidence of record to show he ever had any disciplinary actions taken against him.  His Personnel Qualification Record, DA Form 2-1, does not indicate that he was considered for but disqualified for award of the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  It 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.  It is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the Army 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.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s Military Personnel Records Jacket (MPRJ), DA Form 201.  The custodian of the MPRJ will forward these documents for permanent filing in the individual’s OMPF.  The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.  

CONCLUSIONS:

1.  The Board notes that there is a discrepancy between the unit shown on the applicant’s AAM for achievement certificate (Permanent Orders 125-22) and the unit his Enlisted Record Brief shows he was assigned to for that period of service.  However, he may well have been attached to Howitzer Battery for that four-day period or he may have been assigned to Howitzer Battery and his Enlisted Record Brief was incorrect.  Any reasonable doubt should be resolved in favor of the applicant; therefore, the Board concludes that he provides sufficient evidence to show he was awarded two AAMs.

2.  It appears that the applicant was eligible for award of the Army Good Conduct Medal.  There are no disqualifying entries in his records and no evidence to show his commander considered him but found him disqualified for it.

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 applicant the Army Good Conduct Medal for the period 21 August 1998 – 7 December 2000.

2.  That the applicant’s DD Form 214 be amended be adding the Army Good Conduct Medal and two awards of the Army Achievement Medal.

BOARD VOTE:  

__JL____  __GDP__  __CG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064179	
SUFFIX		
RECON		
DATE BOARDED	20020425	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.