PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2003
         DOCKET NUMBER: AR2003084516


         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 L. Amos		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Mae M. Bullock		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, in effect, that his special court-martial order be amended to delete his second alcohol-related offense, that he be awarded the Army Good Conduct Medal, and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add his foreign service.

3. The applicant states that his alcohol-related offense was dismissed; he was in Germany from June 1999 – March 2001, and he was never awarded the Army Good Conduct Medal even though orders were issued. He was not given a notice of revocation of license, dated 16 October 2000, until after he was released from confinement, too late to appeal the revocation action.

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 27 March 1996.

5. Records at the Defense Finance and Accounting Service show the applicant arrived in Germany on 16 June 1999.

6. The applicant was awarded the Army Good Conduct Medal, for the period 27 March 1996 to 26 March 1999, on Detachment A, 55th Personnel Services Battalion Orders 059-001 dated 28 February 2000. These orders are filed on his Official Military Personnel File (OMPF) microfiche.

7. Headquarters, V Corps Special Court-Martial Order Number 3, dated 15 March 2001, shows the applicant was tried for six offenses on 20 October 2000. He pled not guilty to Charge I (wrongfully driving a vehicle on or about 16 August 2000 with a revoked certificate of license) and the charge was dismissed. He pled guilty to Charge II (making a false official statement on or about 16 August 2000) and was found guilty.

8. The applicant pled guilty to two specifications of Charge III. He was found guilty of the first specification (operating a vehicle on or about 4 June 2000 while drunk). The second specification (operating a vehicle on or about 16 August 2000 while drunk) was dismissed.

9. The applicant pled guilty to Charge IV (wrongfully using marijuana between on or about 1 May 2000 and on or about 31 May 2000) and was found guilty. He pled not guilty to two specifications of Charge V (both specifications of wrongfully appropriated a privately owned vehicle on or about 9 August 2000 and on or about 15 August 2000, respectively) and both specifications of the charge were dismissed. He pled guilty to Charge VI (wrongfully breaking restriction on or about 4 June 2000) and was found guilty.

10. The applicant was sentenced to confinement for 60 days and to be discharged with a bad conduct discharge.

11. The applicant was confined on 20 October 2000 and released from confinement on 7 December 2000. Apparently upon his release, he was given a Final Notice – Revocation of USAREUR (U. S. Army Europe) POV (privately owned vehicle) Certificate of License, dated 16 October 2000, concerning a 2d alcohol offense dated 9 August 2000. That notice gave him 7 days in which to appeal the revocation.

12. The applicant was placed on involuntary excess leave pending appellate review on 26 March 2001.

13. On 26 November 2001, the findings of guilty and the applicant's sentence were affirmed.

14. On 7 November 2002, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial.

15. The applicant separated on temporary records. His DA Form 2-1 (Personnel Qualification Record), available on his OMPF microfiche, does not show his assignment in Germany. It does not contain an entry to indicate he was disqualified from award of the Army Good Conduct Medal.

16. Item 12f (Foreign Service) of the applicant's DD Form 214 does not show that he had any foreign service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not list the Army Good Conduct Medal.

17. The Manual for Courts-Martial United States (1998 edition) states that a promulgating order publishes the result of the court-martial and the convening authority's action and any later action taken on the case. The order promulgating the initial action shall set forth: the type of court-martial and the command by which it was convened; the charges and specifications, or a summary thereof, on which the accused was arraigned; the accused's pleas; the findings or other disposition of each charge and specification; the sentence, if any, and the action of the convening authority.

18. 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.

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CONCLUSIONS:

1. There is no evidence of error on Headquarters, V Corps Special Court-Martial Order Number 3, dated 15 March 2001. In accordance with the Manual for Courts-Martial United States (1998 edition), this court-martial promulgating order properly set forth all the charges and specifications on which applicant was arraigned. All those charges and specifications would be listed even though one or more of them may have been dismissed.

2. The Board considered the applicant's contention that he could not have
appealed the Final Notice – Revocation of USAREUR POV Certificate of License, concerning a 2d alcohol offense committed on 9 August 2000 because he did not receive it until it was too late. However, the Board notes that the only offense dated 9 August 2000 for which he was charged was one of the charges that had been dismissed. Therefore, the Board concludes that the timing of the receipt of the Revocation is irrelevant.

3. The Board notes that orders awarding the applicant the Army Good Conduct Medal, for the period 27 March 1996 to 26 March 1999, were published in February 2000. These orders were filed in his OMPF. There is no evidence to show he was disqualified for award of the Army Good Conduct Medal. The applicant was not court-martialed until October 2000 and the earliest dated offense for which he was found guilty occurred on or about 1 May 2000.

4. The Board therefore concludes that there is no available evidence of record to show why the published Army Good Conduct Medal orders should not be considered to be valid. Therefore, his DD Form 214 should be amended to add this award.

5. There is evidence in the applicant's records at the Defense Finance and Accounting Service to show he arrived in Germany on 16 June 1999. He states he departed in March 2001. The Board presumes he departed when he was placed on excess leave on 26 March 2001. Therefore, item 12f of his DD Form 214 should be amended to show he had 1 year, 9 months, and 11 days of foreign service.

6. In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

1. That the applicant's DD Form 214 be:

a. amended in item 12f to show he had 1 year, 9 months, and 11 days of foreign service; and
b. in item 13 to add the Army Good Conduct Medal.

2. That so much of the application as pertains to amending Headquarters, V Corps Special Court-Martial Order Number 3, dated 15 March 2001, be denied.

BOARD VOTE:

__aao___ __tbr___ __mmb__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084516
SUFFIX
RECON
DATE BOARDED	20030807
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	110.04
2.	100.00
3.
4.
5.
6.