ABCMR Memorandum of                                                             AR2002083185
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 July 2003        
	DOCKET NUMBER:   AR2002083185

	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
| Ms. Wanda L. Waller | | Analyst

  The following members, a quorum, were present:

| Mr. Ted S. Kanamine | | Chairperson
| Mr. Melvin H. Meyer | | Member
| Ms. Karen Y. Fletcher | | 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:  The fifth award of the Good Conduct Medal.

APPLICANT STATES:  In effect, that he was entitled to the fifth award of the Good Conduct Medal on 12 November 2001.  He points out that the regulation states you are not eligible for an award of the Good Conduct Medal if there is more than a 24-hour break in service.  He contends that he enlisted in the U.S. Army Reserve (USAR) before he was discharged from the Active Army and that he waited two weeks for his Active Guard Reserve (AGR) class to begin.  In support of his application, he submits assignment orders, dated 25 June 2001; amended orders, dated 5 July 2001; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).   

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

The applicant enlisted in the Regular Army on 13 November 1986.  He served as a practical nurse and was released from active duty on 20 June 2001 and transferred to the USAR.  He was ordered to active duty in an AGR status on 
8 July 2001 for a period of 3 years.      

The applicant's DD Form 214 shows four awards of the Good Conduct Medal as authorized awards.

Records show the applicant received the fourth award of the Good Conduct Medal for the period 13 November 1995 to 12 November 1998.  

There is no evidence in the applicant's service personnel records which shows that he received the fifth award of the Good Conduct Medal.

Army Regulation 600-8-22 (Military Awards) 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.  The regulation also states that qualifying periods of service must be continuous enlisted active Federal military service.  When an interval in excess of 24 hours occurs between enlistments, that portion of service before the interruption is not creditable toward an award of the Good Conduct Medal.   

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.  Evidence of record shows the applicant was released from active duty on 
20 June 2001 and transferred to the USAR (an inactive status) on 21 June 2001. Eighteen days later, the applicant was ordered to active duty in an AGR status on 8 July 2001 for a period of 3 years.

2.  Since the applicant had an 18-day break in active duty service, his period of active duty service from 13 November 1998 until 20 June 2001 is not creditable toward an award of the Good Conduct Medal.  Therefore, the applicant is not entitled to a fifth award of the Good Conduct Medal for the period 13 November 1998 to 12 November 2001.   

3.  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 this requirement.

4.  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

TSK____  MHM_____  KYF_____  DENY APPLICATION

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

INDEX

CASE ID | AR2002083185
SUFFIX |
RECON |
DATE BOARDED | 20030701
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. | 107.0056
2. |
3. |
4. |
5. |
6. |