| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. James E. Anderholm | Member | |
| Ms. Linda M. Barker | Member |
2. The applicant requests award of the Army Good Conduct Medal.
3. The applicant states that he received nonjudicial punishment under Article 15, UCMJ, during the last three months of his enlistment. This was a one-time offense. His service was exemplary, except for this one incident.
4. The applicant’s military records show that he enlisted in the Army for three years on 27 December 1984, completed training as a medical aidman, and in May 1985 was assigned to Fort Hood, Texas. On 10 September 1985 the applicant was awarded the Army Achievement Medal for meritorious achievement for the period 15 July 1985 to 10 August 1985. On 1 May 1986 he was promoted to pay grade E-4. He was awarded a second Army Achievement Medal on 10 July 1986 for his meritorious achievement for the period 4 May 1986 to 31 May 1986. On 13 February 1987 he completed the Primary Leadership Development Course.
5. On 15 December 1987 the applicant was released from active duty in pay grade E-4 because of expiration of his term of service – holiday early transition program. He had 2 years, 11 months, and 19 days of service.
6. The applicant's record contains no evidence of a record of nonjudicial punishment, nor any reference to an award of, or of a disqualification for award of, the Army Good Conduct Medal.
7. 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 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. 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. Although there is no automatic entitlement to the 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. The statement will be referred to the soldier for comment.
CONCLUSIONS:
1. The applicant's commanding officer may have determined that the applicant was not entitled to award of the Army Good Conduct Medal by virtue of his misconduct resulting in nonjudicial punishment. That officer's intentions, however, are unknown, and there is no record of the nonjudicial punishment action, nor is there any reference in the applicant's record concerning the Army Good Conduct Medal.
2. The applicant was promoted to pay grade E-4 during his period of service, completed the Primary Leadership Development Course, and received two awards of the Army Achievement Medal. Notwithstanding his one instance of misconduct, as he has alleged, it would appear to this Board that his record of service was meritorious.
3. Consequently, the applicant should be entitled to award of the Army Good Conduct Medal.
4. 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 Army Good Conduct Medal for the period 27 December 1984 through 15 December 1987.
BOARD VOTE:
__RVO __ __JEA __ __LMB__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_Raymond V. O'Connor, Jr._
CHAIRPERSON
| CASE ID | AR2003085434 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030814 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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