| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. Curtis L. Greenway | Member | ||
| Mr. Ronald J. Weaver | Member |
APPLICANT REQUESTS: That the Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
APPLICANT STATES: That, upon his separation from active duty, his unit failed to add the AGCM to his DD Form 214. He was in the Army for over 3 years without any record of misconduct. Since he has become an Active Guard/Reserve (AGR) soldier, it would be nice to have this correction made to his records. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 28 February 1991. He was promoted to Specialist, E-4, on 1 March 1993.
The applicant’s Official Military Personnel File (OMPF) (microfiche) contains no record of Article 15s or other disciplinary actions taken against the applicant. His Enlisted Qualification Record (DA Form 2-1) is not filed in his OMPF. No AGCM orders are filed in his OMPF. No other documentation concerning the AGCM is filed in his OMPF.
The applicant was released from active duty on 22 February 1994 after completing 2 years, 11 months, and 25 days of creditable active service with no lost time. He was given an honorable characterization of service and a reentry code of 1.
As of 29 January 2003, the applicant is still in the AGR program.
Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. It provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. It is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.
Although there is no automatic entitlement to the AGCM, 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 DA Form 201 (Military Personnel Records Jacket). 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 AGCM 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.
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. The Board acknowledges that there is no record of misconduct noted in the applicant’s OMPF (which, however, would not preclude the possibility that locally-filed non-judicial punishment was administered).
2. The applicant’s DA Form 2-1 is not filed in his OMPF, so it cannot be determined what his promotion history (or reduction history, if any) was. The Board notes that there is no AGCM disqualification statement filed in his OMPF.
3. However, the applicant states that his unit failed to add the AGCM to his DD Form 214, not that they failed to award it. It appears he may have a copy of such orders. If so, he should provide those orders in support of his request. If he does not have such orders, he may resubmit his application and request that the AGCM be awarded. In that case, a copy of his active duty DA Form 2-1, if available, would be helpful.
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
__MHM__ __CLG _ __RJW __ DENY APPLICATION
| CASE ID | AR2002070456 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/02/04 |
| 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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