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Decision Text

ARMY | BCMR | CY2001 | 2001061407C070421
Original file (2001061407C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 March 2002
         DOCKET NUMBER: AR2001061407


         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. Raymond V. O’Connor Chairperson
Mr. John P. Infante Member
Ms. Regan K. Smith 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 that he is entitled to award of the Good Conduct Medal because he served his enlistment time without any disciplinary actions. 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 entered active duty on 26 July 1995. He served as a fighting vehicle infantryman and was honorably released from active duty in the rank of specialist on 30 May 1998 to attend school. He is currently serving as a sergeant in the Michigan Army National Guard.

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

6. There is no evidence that the applicant was recommended for or received the first award of the Good Conduct Medal. There also is no indication in the available records that he was disqualified from receiving this award.

7. The applicant’s records show that he was awarded the Army Achievement Medal for “exceptional achievement” during the period 15 September 1997 to 17 September 1997. This decoration is shown on his DD Form 214.

8. A DA Form 638 (Recommendation for Award), dated 15 February 1998, shows the applicant received the Army Commendation Medal for “meritorious service” during the period 18 December 1995 to 30 May 1998. This award is not shown on his DD Form 214.

9. 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. There is no indication in the applicant’s service personnel records of indiscipline or other factors that would disqualify him from award of the Good Conduct Medal. His record shows that he was decorated for exceptional achievement and for meritorious service during his active duty. Therefore, the Board determined that the applicant’s service was sufficiently meritorious to warrant entitlement to the first award of the Good Conduct Medal based on completion of a period of qualifying Federal military service from 26 July 1995 through 30 May 1998. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

2. The applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

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 showing that the individual concerned was awarded the first award of the Good Conduct Medal for the period 26 July 1995 through 30 May 1998 and the Army Commendation Medal.

BOARD VOTE:

RVO____ JPI____ RKS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor____
                  CHAIRPERSON




INDEX

CASE ID AR2001061407
SUFFIX
RECON
DATE BOARDED 20020307
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0056
2.
3.
4.
5.
6.


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