PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 July 2003                   
	DOCKET NUMBER:   AR2002080766

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period of service ending in 1966 be corrected to show that he is entitled to award of the Good Conduct Medal (GCMDL).  

3.  The applicant states that his chaplain indicated he would recommend him for the award.  

4.  The applicant’s military records show that, with no prior service, he served in the Regular Army (RA) from 26 November 1963 until honorably separated on 16 September 1966.  His DD Form 214 shows that he was awarded the National Defense Service Medal and the Sharpshooter Qualification Badge (Rifle). 

5.  The applicant's DD Form 214 does not show award of the GCMDL.  There is no evidence of derogatory information in his record concerning this period of service.  There is also no evidence to show that his unit commander disqualified him for award of the GCMDL for this period of service.  He served in Germany from 18 July 1964 - 5 November 1966.

6.  The applicant reenlisted in the RA on 14 May 1968, he went into an absent without leave status and on 5 October 1973, he was honorably separated after he was determined to be an alien without legal residence in the United States.  He had accrued 1,426 days of lost time.  In February 1977, this Board modified his discharge to show that he served from 14 May-13 June 1968 and he had no lost time.

7.  Army Regulation 600-8-22 provides that the GCMDL 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 GCMDL, disqualification must be justified.  

CONCLUSIONS:

1.  There is no evidence of any misconduct, nor is there evidence that the applicant's unit commander ever denied the applicant the award of the GCMDL.  Therefore, he is entitled to award of the GCMDL.  

2.  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 and that the individual concerned be issued a DD Form 215 (Correction to 
DD Form 214) showing that he was awarded the GCMDL for his period of service from 26 November 1963-16 September 1966.

BOARD VOTE:  

__mkp___  __wtm___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002080766	
SUFFIX		
RECON		
DATE BOARDED	20030729	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19660916	
DISCHARGE AUTHORITY	AR635-200, Chap 5	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.