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ARMY | BCMR | CY2001 | 2001053483C070420
Original file (2001053483C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 April 2001
         DOCKET NUMBER: AR2001053483


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Mr. Richard T. Dunbar Member
Mr. Donald P. Hupman 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 Good Conduct Medal.

3. The applicant states, in effect, that an oversight by the unit personnel clerk may be the reason he did not receive the Good Conduct Medal. In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

4. The applicant’s military records show that he enlisted on 1 November 1995 for a period of 4 years. He served as a fire control systems repairer and was honorably released on 31 October 1999.

5. The applicant’s DD Form 214 does not show the Good Conduct Medal as an authorized award.

6. There is no evidence in the applicant’s personnel service records which shows that he was considered for the first award of the Good Conduct Medal. There also is no evidence of record that his chain of command took any action to disqualify him from receiving the Good Conduct Medal. There is no indication of indiscipline or other adverse action in the applicant’s records.

7. 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.

CONCLUSIONS:

1. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a three-year period of qualifying Federal military service (active duty from 1 November 1995 through 31 October 1998). Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

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




by showing that the individual concerned was awarded the first award of the Good Conduct Medal for the period 1 November 1995 through 31 October 1998.

BOARD VOTE:

RWA____ RTD___ DPH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Roger W. Able_______
                  CHAIRPERSON




INDEX

CASE ID AR2001053483
SUFFIX
RECON
DATE BOARDED 20010412
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19991031
DISCHARGE AUTHORITY AR 35-200 Chapter 4
DISCHARGE REASON Completion of required active service
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0056
2.
3.
4.
5.
6.


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