| Mr. Carl W. S. Chun | Director | |
| Mrs. Joyce A. Hall | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Linda D. Simmons | Member |
APPLICANT REQUESTS: In effect, that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214, be corrected to show the award of the Army Good Conduct Medal (AGCM).
APPLICANT STATES: In effect, that he was informed that he was eligible for the award of the AGCM. He believes that the Army made the error by not listing the medal on his DD Form 214. He submits a copy of his DD Form 214, in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
After having previous National Guard Service the applicant enlisted in the Regular Army on 26 May 1960, for 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 931.10 (Medical Laboratory Specialist). The highest pay grade he achieved was pay grade E-4.
On 21 February 1961, the applicant was convicted by a summary court martial
of two specifications of damaging government property by breaking a commode and ripping a mattress cover and one specification of drunk and disorderly conduct on post. He was sentenced to a reduction to pay grade E-1 and a forfeiture of $55.00 pay.
On 24 May 1963, the applicant was released from active duty and transferred to the U.S. Army Reserve. He completed 3 years, 8 months and 6 days of creditable service. He was awarded the Marksman Badge (Rifle). His DD Form
214, does not show the award of the AGCM. The applicant’s personnel record does not show that he was recommended for or awarded the AGCM.
Army Regulation 600-8-22 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 three 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.
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. In order to justify correction of a military record the applicant must show to the satisfactory of the Board, it must otherwise satisfactory appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There is no evidence in the applicant’s record nor has he provided any evidence that shows he was recommended for or awarded the AGCM. Although there is no indication that the applicant’s chain of command disqualified him from the award of the AGCM, his record shows that he was convicted by a summary court martial, which is a disqualifying factor for the award of the AGCM. In view of the applicant’s disciplinary action, the Board has determined that the applicant was not eligible for the AGCM during his first enlistment.
3. 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
__rvo___ __cjp___ __lds___ DENY APPLICATION
| CASE ID | AR2001057040 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010830 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0056 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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