PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 September 2003
         DOCKET NUMBER: AR2003088519


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Patrick H. McGann		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 Army Good Conduct Medal (Fourth Award) for the period 6 February 1993 through 5 February 1996.

3. The applicant states that he did not receive his Army Good Conduct Medal for the period 6 February 1993 through 5 February 1996. He also states that he received his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an ending date of 16 October 1996 which shows his character of service as honorable.

4. In support of his application, he submitted orders awarding him the Army Good Conduct Medal (Third Award) and a copy of his DD Form 214.

5. The applicant’s military records show that he enlisted in the Regular Army on 17 February 1984. He completed the required training and was awarded military occupational specialty 11B (Infantryman). He reenlisted in the Regular Army on 26 November 1986 for a period of five years.

6. Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina Permanent Orders 168-23, dated 14 September 1987 awarded the applicant the first award of the Army Good Conduct Medal for the period 17 February 1984 through 16 February 1987.

7. Headquarters, United States Army South Panama Permanent Orders 41-76, dated 30 April 1990 awarded the applicant the Army Good Conduct Medal (Second Award) for the period 17 February 1987 through 16 February 1990.

8. Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina Permanent Orders 14-7 dated 25 February 1993 awarded the applicant the Army Good Conduct Medal (Third Award) for the period 16 February 1990 through 15 February 1993.

9. There is no evidence of record which shows the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal for the period February 1993 through February 1996. His records do not contain instances of indiscipline during this period.

10. The applicant's service personnel records show he was awarded the Army Achievement Medal for meritorious service from 8 February 1990 through 6 August 1993.

11. The applicant was discharged from active duty on 16 October 1996. His DD Form 214 shows entitlement to the Army Good Conduct Medal (Third Award). After release from active duty, the applicant was transferred to a Troop Program Unit in Hawaii with the U.S. Army Reserve (USAR) on active duty in an Active Guard Reserve (AGR) status.

12. Department of the Army, U.S. Army Reserve Personnel Command, St. Louis, Missouri Permanent Orders W-09-292471, dated 19 September 2002 awarded the applicant the Army Good Conduct Medal (Fourth Award) for the period 26 September 1999 through 25 September 2002.

13. 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.

CONCLUSIONS:

1. There is no evidence of record which shows the applicant was disqualified from receiving award of the Army Good Conduct Medal (Fourth Award) for the period 17 February 1993 through 16 February 1996.

2. The Board notes that the applicant did not receive any disciplinary actions during the period February 1993 through February 1996 and he received the Army Achievement Medal for the period 8 February 1990 through 6 August 1993.

3. Based on the foregoing, the Board has determined that the applicant is entitled to award of the Army Good Conduct Medal (Fourth Award) for the period 17 February 1993 through 16 February 1996 and correction of his DD Form 214 to show this award.




4. The evidence of record shows the applicant was awarded the Army Good Conduct Medal (Third Award) for the period 16 February 1990 through 15 February 1993. However, the Board notes that the dates of the qualifying period are incorrect. Therefore, it would be appropriate to amend Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina Permanent Orders 14-7, dated 25 February 1993 to show the qualifying period for award of the Army Good Conduct Medal (Third Award) as "17 February 1990 through 16 February 1993."

5. The Board notes that the applicant was awarded the Army Good Conduct Medal (Fourth Award) for the period 26 September 1999 through 25 September 2002 based on Department of the Army, U.S. Army Reserve Personnel Command, St. Louis, Missouri Permanent Orders W-09-292471, dated 19 September 2002. However, the Board has determined that it would be appropriate to amend these orders to show the applicant was awarded the
Army Good Conduct Medal (Fifth Award) for this period.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by awarding the applicant the Army Good Conduct Medal (Fourth Award) for the period 17 February 1993 through 16 February 1996;

         b. by amending the applicant's DD Form 214 to show award of the Army Good Conduct Medal (Fourth Award);

         c. by amending Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina Permanent Orders 14-7 dated 25 February 1993 to show the qualifying period for award of the Army Good Conduct Medal (Third Award) as "17 February 1990 through 16 February 1993;"

         d. by amending Department of the Army, U.S. Army Reserve Personnel Command, St. Louis, Missouri Permanent Orders W-09-292471, dated 19 September 2002 to show the applicant was awarded the Army Good Conduct Medal (Fifth Award) for the period 26 September 1999 through 25 September 2002.




2. That so much of the application as it relates to the Army Good Conduct Medal (Fourth Award) for the period 6 February 1993 through 5 February 1996 be denied.

BOARD VOTE:

JLP_____ AAO____ PHM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003088519
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030923
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0056
2.
3.
4.
5.
6.