RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 OCTOBER 2005
      DOCKET NUMBER:  AR20050001440


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth Lapin                 |     |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.  In effect, the applicant requests that the order revoking the award of
the Army Good Conduct Medal (1st award) be expunged from the Official
Military Personnel File (OMPF).

2.  The applicant states that there was no reason for the award to be
revoked.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  On 30 July 1991 the applicant, then a member of the Army Reserve,
requested enlistment in the Regular Army.  He enlisted in the Regular Army
for   4 years on 2 October 1991 and has remained on continuous active duty.


2.  The applicant’s assignment information immediately subsequent to his
enlistment is not available; however, he was awarded the Army Achievement
Medal for meritorious achievement for the period 20 September 1993 to
     26 October 1993 while assigned to an infantry company in Germany.

3.  On 27 January 1994 the applicant was awarded an Army Achievement Medal
for meritorious service for the period 18 October 1991 to 15 June 1994
while assigned to that same infantry company in Germany.

4.  On 6 June 1994 the applicant was authorized to wear the German Armed
Forces Marksmanship Badge in Gold that was awarded to him on 10 May 1994.

5.  On 18 January 1995 orders were published by Bravo Detachment, 15th
Personnel Services Battalion at Fort Hood, Texas, awarding the applicant
the Army Good Conduct Medal (1st award) for the period 2 October 1991 to
          1 October 1994.  On 13 February 1995 the above-mentioned
detachment revoked the order awarding him the Army Good Conduct Medal (1st
award).  No reason is given for the revocation.

6.  There is no evidence contained in the applicant’s Official Military
Personnel File (OMPF) showing that he was disqualified for award of the
Army Good Conduct Medal (1st award).

7.  The applicant has since been awarded the 2nd award of the Army Good
Conduct Medal for the period 2 October 1994 to 1 October 1997, the 3d award
for the period 2 October 1997 to 1 October 2000, and the 4th award for the
period 2 October 2000 to 1 October 2003.

8.  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.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

9.  In instances where a disqualification is determined by the unit
commander, the commander will prepare a statement of the rationale for his
or her decision.  The statement will include the period of disqualification
and will be referred to the individual.  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).  The custodian of the MPRJ will
forward those documents to the Enlisted Records and Evaluation Center for
permanent filing in the individual’s OMPF.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the order revoking the award of the Army Good Conduct
Medal, there is no evidence to show that he was disqualified for that
award.  The applicant’s OMPF does not contain the regulatory documentation
showing disqualification.  Consequently, procedures were not followed and
it appears that an injustice has been done to the applicant.

2.  Consequently, it would be appropriate to expunge from the applicant’s
OMPF the 13 February 1995 order revoking the award of the Army Good Conduct
Medal.

BOARD VOTE:

__JS  ___  __LS   __  __KL____  GRANT FULL 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.  As a result, the Board recommends that
Permanent Orders 44-200, published by Bravo Detachment, 15th Personnel
Services Battalion, Fort Hood, Texas, dated 13 February 1995, revoking the
order of the Army Good Conduct Medal, be expunged from the applicant’s
OMPF.




                                  _______John Slone__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001440                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051018                                |
|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.       |134.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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