PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            13 MARCH 2003                  
	DOCKET NUMBER:   AR2002078241

	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:

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John A. Kelley		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 records be corrected to reflect award of the Army Good Conduct Medal.  He states he should have received the award at the time he was departing Germany.  He submits no evidence in support of his request.

3.  Records available to the Board indicate the applicant entered active duty on 14 September 1967.  Following successful completion of training he was assigned to a maintenance battalion in Germany in May 1968.  Just prior to his reassignment, in March 1968, he was promoted to pay grade E-3.

4.  In January 1969 the applicant was punished under Article 15 of the Uniform Code of Military Justice for being absent from his unit for approximately 14 hours. His punishment included reduction to pay grade E-2.  In May 1969, however, he was once again promoted to pay grade E-3.

5.  In June 1969 the applicant was punished again under Article 15 of the Uniform Code of Military Justice.  His offenses included failing to pick up some paper from the ground when he was ordered to do so and for being absent from his place of duty for 15 minutes.  His punishment included reduction to pay grade E-2, which was suspended, and restriction and extra duty.

6.  In spite of the applicant's two records of nonjudicial punishment, his conduct and efficiency ratings through out his military service were recorded as excellent. His unit commander recommended that he be awarded the Army Good Conduct Medal when the applicant was preparing to depart Europe.

7.  The applicant was released from active duty on 23 August 1969 with an honorable characterization of service.

8.  Army Regulation 600-8-22 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.  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 Army 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 service for award of the Army Good Conduct Medal on 23 August 1969.  Although his records do contain two incidents of punishment under Article 15 of the Uniform Code of Military Justice, the Board contends that both actions were the result of minor disciplinary infractions and should not serve as a basis to deny him award of the Army Good Conduct Medal.  The fact that his conduct and efficiency ratings were recorded as excellent, and his unit commander recommended that he be awarded the medal, supports this conclusion.

2.  In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 14 September 1967 through 23 August 1969.

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 by awarding the individual concerned the Army Good Conduct Medal for the period 14 September 1967 through 23 August 1969.

BOARD VOTE:  

__TAP __  __RWA__  __JAK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Thomas A. Pagan____
		        CHAIRPERSON

INDEX

CASE ID	AR2002078241	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030313	
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.