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ARMY | BCMR | CY2005 | 20050007939C070206
Original file (20050007939C070206.doc) Auto-classification: Approved

SUPPLEMENTAL RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 June 2005
      DOCKET NUMBER:  AR20050007939


      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.  A quorum was present during the
further consideration and deliberation.  The findings appearing in
proceedings dated 21 April 2005 were affirmed.  The following additional
findings, conclusions, and recommendations were adopted by the Board.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Robert J. McGowan             |     |Analyst              |

      The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 21 April 2005.

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Ms. Karen Y. Fletcher             |     |Member               |

      The Board considered the following additional evidence:

      Exhibit C – Record of Proceedings dated 21 April 2005.











CONSIDERATION OF ADDITIONAL EVIDENCE:

12.  On 12 May 2005 new information was received from the Chief, Military
Awards Branch, US Army Human Resources Command (HRC), Alexandria, Virginia
in regard to the decision of the Army Board for Correction of Military
Records (ABCMR) in Docket Number AR20040003640, dated 21 April 2005.

13.  The evidence submitted consists of a memorandum dated 12 May 2005.
The memorandum stated that there were two former Soldiers with the same
name, but different service numbers.  The General Orders awarding the Good
Conduct Medal, referenced in paragraph 5, Consideration of Evidence, of the
original proceedings, do not relate to the applicant.  These orders relate
to the other former Soldier with the same name.

14.  Further review of the applicant's records shows that Item 42 (Remarks)
on his DA Form 20 (Enlisted Qualification Record) contains the following
entry, "CO (Btry G, 55th Arty) disapproved GCM for EM" (Commanding Officer,
Battery G, 55th Artillery disapproved Good Conduct Medal for Enlisted Man).

15.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides that the Good Conduct Medal (GCMDL) 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.  There is no automatic
entitlement to the Good Conduct Medal, but disqualification must be
justified.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

4.  At the time of the decision of the ABCMR in Docket Number
AR20040003640, dated 21 April 2005, it was the intent of the ABCMR to make
the applicant’s record as administratively correct as it should properly
have been at the time.

5.  The ABCMR's decision in Docket Number AR20040003640, erroneously
awarded the applicant the Good Conduct Medal based upon a factual error
(the General Orders referencing another Soldier's Good Conduct Medal.

6.  Additional review of the applicant's records reveals that he was
considered for, and denied award of the Good Conduct Medal by his
Commanding Officer.

7.  In view of the additional information provided in this case, the
recommendation of the ABCMR awarding the applicant the Good Conduct Medal
should be rescinded based upon factual error.

BOARD VOTE:

__wdp___  __klw___  __kyf___  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
amendment of the decision of the Army Board for Correction of Military
Records set forth in Docket Number AR20040003640, dated 21 April 2005, to
show the individual concerned is not entitled to award of the Good Conduct
Medal.



                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007939                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050607                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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