PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 March 2002
         DOCKET NUMBER: AR2001065283


         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
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Linda D. Simmons		Member
Mr. John T. Meixell		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.

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2. The applicant requests that he be awarded the Army Good Conduct Medal.

3. The applicant states that the Army Good Conduct Medal was omitted from his Certificate of Release or Discharge from Active Duty, DD Form 214. To the best of his knowledge he never received a copy of the orders. He had more than three consecutive years of active service.

4. The applicant’s military records show that, after having had prior service in the U. S. Army Reserve, he enlisted in the Regular Army on 28 February 1978 for 4 years.

5. On 24 February 1981, while assigned to Germany, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for disobeying a lawful order not to drive his privately owned vehicle (POV) to the range nor carry his M16 in his POV and for disobeying a lawful command to have a telephone or telephone number in his off-post quarters by 26 January 1981 or move back into the barracks. His punishment was a reduction to pay grade E-4 and a forfeiture of $337.00 pay, $200.00 of which was suspended until 24 May 1981. The applicant appealed the punishment. He stated that he and another sergeant were ordered to get their squad to the range but no military vehicles were available within the battalion. The only way they could obey the order to get to the range was to drive his POV. Other individuals drove to the range. The unit always had a shortfall of official vehicles. Regarding his obtaining a telephone, he was promised before he moved off post that he would be approved for basic allowance for quarters (BAQ) but then his commander denied him BAQ. After paying his rent, he had no extra money for a telephone. He never missed a formation or any alerts. He was always at his place of duty at the correct time. His appeal was denied.

6. The applicant was released from active duty on 26 February 1982 after completing 3 years, 11 months, and 26 days of creditable active service with no time lost. There is no entry on his Personnel Qualification Record, DA Form 2-1, item 27 to indicate he was not favorably considered for the Army Good Conduct Medal. There is no documentation in his Official Military Personnel File (OMPF) to indicate he was disqualified for award of the Army Good Conduct Medal. He enlisted in the U. S. Army Reserve on 30 April 1987. His DD Form 149 indicates he is currently in an active guard/reserve (AGR) status.

7. Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. It provides that the Army 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 normally 3 years. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. The unit commander will consider the affected individual’s statement. If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s Military Personnel Records Jacket (MPRJ), DA Form 201. The custodian of the MPRJ will forward these documents for permanent filing in the individual’s OMPF. The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made. The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.

8. Army Regulation 600-8-22 states that while any record of nonjudicial punishment could be in conflict with recognizing the soldier’s service as exemplary, such record should not be viewed as automatically disqualifying. The commander analyzes the record, giving consideration of the nature of the infraction, the circumstances under which it occurred, and when. Conviction by courts-martial terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the court-martial. Individuals for whom a bar to reenlistment has been approved are not eligible for award of the Army Good Conduct Medal. Disqualification for an award of the Army Good Conduct Medal can occur at anytime during a qualifying period. The custodian of the MPRJ will establish the new “beginning date” for the soldier’s eligibility for award of the Army Good Conduct Medal and indicate the date on the soldier’s DA Form 2-1, item 27.

9. Army Regulation 600-8-2 prescribes policies governing the suspension of favorable personnel actions as a function. In pertinent part, it states that a flag prohibits certain favorable personnel actions, including the execution of awards and decorations actions. When a soldier is flagged due to receiving nonjudicial punishment, the flag will be removed upon completion of punishment, to include any term of suspension.

CONCLUSIONS:

1. The applicant would have become eligible for consideration for award of the Army Good Conduct Medal on 27 February 1981. However, at that time he was flagged, until 21 May 1981, due to his receiving a suspended punishment under Article 15, Uniform Code of Military Justice and so was prohibited from receiving any favorable actions to include award of the Army Good Conduct Medal.

2. The Board notes that the suspended punishment was never vacated, there is no record of other disciplinary actions taken against the applicant, there is no indication that his commander disqualified him from award of the Army Good Conduct Medal, and he was released from active duty with an honorable characterization of service after completing his enlistment. Since his commander never disqualified him from the award, although he could not have received the Army Good Conduct Medal at the time he reached the 3-year eligibility period he could have received it after his flag was removed for the 3-year eligibility period. It would be equitable to now show that he received the Army Good Conduct Medal for the period 28 February 1978 – 27 February 1981.

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 awarding the applicant the Army Good Conduct Medal for the period 28 February 1978 – 27 February 1981 and adding it to his DD Form 214 for the period ending 26 February 1982.

BOARD VOTE:

__jns___ __lds___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065283
SUFFIX
RECON
DATE BOARDED	20020321
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0056
2.
3.
4.
5.
6.