PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 October 2002
	DOCKET NUMBER:   AR2002075986

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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 (AGCM).

3.  The applicant states that he was honorably discharged from the military on
2 July 1965.  He did not incur any significant charges during his tenure that would have jeopardized him from receiving the award with the exception of receiving one instance of nonjudical punishment.

4.  The applicant’s military records show that he enlisted in the Regular Army on 3 July 1962 for 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 133.00 
(armor intelligence specialist).  The highest pay grade he achieved was 
E-3.

5.  On 5 May 1964, the applicant accepted nonjudical punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for failure to report back from ordinary leave and was absent from 2 - 4 May 1964.  His imposed punishment was 14 days restriction and extra duty.

6.  The applicant’s DA Form 24 (Service Record) shows his conduct and efficiency ratings were excellent throughout his enlistment.

7.  General Orders (GO) 93, dated 11 June 1965, from Headquarters, 2nd Infantry Division, Fort Benning, GA, shows that the applicant was awarded the AGCM for the period 3 July 1963 to 2 July 1965.  

8.  On 2 July 1965, the applicant was released from active.  He completed 
2 years, 11 months, and 28 days of creditable active service and had 2 days lost time.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) fails to show the AGCM as an authorized award.  It shows he was awarded only four marksmanship qualification badges.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was 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 not more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  
However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding
authority announced the award in General Orders.

10.  Army Regulation 672-5-1 also provided for award of the National Defense Service Medal for honorable service between the periods 27 June 1950 and      27 July 1954 and 1 January 1961 and 14 August 1974.

CONCLUSIONS:

1.  Although the applicant received NJP in May 1964, his conduct and efficiency ratings were rated as excellent throughout his military career.  It appears his commander considered the NJP as a minor infraction and considered his overall performance in awarding him the AGCM as evidenced by GO 43, dated 11 June 1965, Headquarters, 2nd Infantry Division, Fort Benning, GA.

2.  The applicant also met the eligibility criteria for award of the National Defense Service Medal.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the applicant’s DD Form 214 be amended to add the AGCM and the National Defense Service Medal. 

BOARD VOTE:  

___KAK__  __TAP__  __BJL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Karol A. Kennedy__
		        CHAIRPERSON

INDEX

CASE ID	AR2002075986	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/29	
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.	107.0056	
2.		
3.		
4.		
5.		
6.