MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 January 2002
	DOCKET NUMBER:   AR2001062826

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Terry L. Placek		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his records to show the National Defense Service Medal, the Overseas Service Ribbon, the Army Service Medal and the Good Conduct Medal.

APPLICANT STATES:  In effect, that he is entitled to these awards which are not shown on his DD Form 214 (Report of Separation from Active Duty).

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army for a period of three years and entered active duty on 22 March 1977.  He served until he was separated prior to completion of his enlistment with a General Discharge Certificate under the provisions of paragraph 13-4c of Army Regulation 635-200 by reason of unsuitability (apathy, defective attitude or inability to expend effort constructively). 

The applicant completed 1 year, 8 months, and 12 days of active service and had 26 days lost due to being absent without leave.

The applicant’s DD Form 214 does not show the National Defense Service Medal, the Overseas Service Ribbon, the Army Service Medal and the Good Conduct Medal as authorized awards.  

The applicant’s DA Form 2-1 (Personnel Qualification Record-Part II) does not show any entries in item 5 (Oversea Service) or any entries for awards or decorations in item 9 (Awards, Decorations and Campaigns). 

There is no indication in the applicant’s personnel records that he received or was denied award of the Good Conduct Medal.  His service personnel records show that he received non-judicial punishment two times, administered by a field grade officer, for offenses of being absent without leave.  The applicant’s records also show that he received five adverse counseling statements during the period 13 September 1978 to 21 November 1978 for demonstrating defective attitudes and inaptitude for Army life and for failure to repair. 

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active 

Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  This award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

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.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s active duty service occurred during the period 22 March 1977 through 29 December 1978 which is not during a period when the National Defense Service Medal was awarded.  Therefore, the applicant is not eligible for award of the National Defense Service Medal.

2.  There is no evidence, and the applicant has provided no evidence, which shows that he served a period of qualifying service for award of the Overseas Service Ribbon.  Therefore, he is not eligible for award of the Overseas Service Ribbon.

3.  There is no evidence, and the applicant has provided no evidence, which shows that he served a period of qualifying service for award of the Army Service Ribbon.  Therefore, he is not eligible for award of the Army Service Ribbon.

4.  There is no evidence the applicant was considered for or denied award of the first award of the Good Conduct Medal.  However, the Board noted the applicant’s absences without leave, counseling statements, and the fact that he was separated from the service for unsuitability based on apathy, defective attitude and the inability to expend effort constructively.  In view of these facts, the Board determined that the applicant’s conduct, efficiency and fidelity did not warrant award of the Good Conduct Medal.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the either requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR201062826	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020108	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.