RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 January 2005
      DOCKET NUMBER:  AR2004106177


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, the second award of the Army Good
Conduct Medal (AGCM).

2.  The applicant states, in effect, that she never received the second
award of the AGCM she was entitled to based on her over six years of
honorable service.

3.  The applicant provides no documentary evidence in support her claim.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 19 February 1991.  The application submitted in this case
is dated
2 April 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows she enlisted in the Regular Army and
entered active duty in that status on 13 February 1985.  She served in
military occupational specialty (MOS) 75B (Personnel Administrative
Specialist) and the highest rank she attained while serving on active duty
was sergeant (SGT).

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Permanent Orders Number 10-7, dated 22 January 1988, published by
the Ludwigsburg Personnel Service Center, 198th Personnel Service Company,
38th Personnel and Administration Battalion, Germany.  These orders awarded
the applicant the 1st Award of the AGCM, for the period 15 February 1985
through 14 February 1988.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification
from any of the applicant's active duty commanders that would have
precluded
her from receiving the 2nd Award of the AGCM.

6.  On 19 February 1991, the applicant was honorably discharged after
completing a total of 6 years, 4 months and 26 days of active military
service.  The separation document (DD Form 214) she was issued shows she
was separated prior to her scheduled expiration of term of service under
the provisions of chapter 5, Army Regulation 635-200, by reason of
parenthood.

7.  The applicant’s separation document also shows that at the time of her
separation, she had completed 6 years and 5 days of active military service
during the period and had earned the following awards:  Army Service
Ribbon, Overseas Service Ribbon with Numeral 1, AGCM, Army Commendation
Medal, Drivers Badge, Noncommissioned Officer Professional Development
Ribbon with Numeral 2, and Army Achievement Medal 1st Oak Leaf Cluster.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 of the awards
regulation prescribes the policy for award of the AGCM.  It states, in
pertinent part, 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.

9.  Paragraph 4-5 of the awards regulation contains guidance on AGCM
qualifying periods.  It states, in pertinent part, that it is awarded for
each
3 year period of continuous enlisted active Federal military service
completed on or after 27 August 1940.  Although there is no automatic
entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that she is entitled to the second award of the
AGCM was carefully considered and found to have merit.  It appears likely
that because the applicant’s unscheduled separation was so soon after the
ending date of the period of eligibility for the second award of the AGCM,
the award was inadvertently not awarded to her.

2.  The applicant’s MPRJ is void of any derogatory information or a formal
disqualification from any of the active duty unit commanders for which the
applicant served.  As a result, it is concluded that she completed a period
of qualifying honorable active duty service that entitles her to the second
award of the AGCM for the period from 15 February 1988 through 14 February
1991.

BOARD VOTE:

___JTM _  __LDS___  __CAK__  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding her the 2nd Award of the Army
Good Conduct Medal, for the period 15 February 1988 through 14 February
1991; and by providing her a corrected separation document that includes
this award.




            ____Linda D. Simmons ___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106177                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/11                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/02/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Parenthood                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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