RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 OCTOBER 2005
      DOCKET NUMBER:  AR20050009231


      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. Rene R. Parker                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 that the disqualification of the Army Good
Conduct Medal (AGCM) be removed from his disciplinary section of his
Official Military Personnel File (OMPF).

2.  The applicant states that the disqualification action was unjust
because the charge was false and he did not receive any disciplinary
action.

3.  The applicant provides copies of orders awarding him the 1st, 2nd, and
3rd award of the AGCM.

CONSIDERATION OF EVIDENCE:

1.  On 16 February 1996, the applicant enlisted in the Army.

2.  The applicant's disciplinary file of his OMPF shows that on 20 November
1997 the commander disqualified him for the award of the Army Good Conduct
Medal for the period 20 November 1994 thru 20 November 1997.  The commander
listed "arrested for 2nd degree assault" as the reason for
disqualification.  There are no other adverse entries listed on the
applicant's OMPF.

3.  On 20 November 1997, the applicant acknowledged receipt of the
memorandum disqualifying him for the award of the AGCM and elected not to
make a statement.

4.  On 10 December 1997, an investigating officer was appointed to
determine if the injuries the applicant sustained on 6 December 1996 were
in the line of duty.

5.  On 9 January 1998, investigating officer stated, in a memorandum for
record, that the injuries sustained by the applicant were incurred in the
line of duty.  He states that the police report verifies that alcohol was
not involved and the applicant was the victim of assault.  The report of
investigation substantiating that the applicant was not liable was approved
on 1 June 1998.

6.  Orders dated 7 December 2001, awarded the applicant the AGCM (1st
award), for the period of service from 16 February 1996 to 15 February
1999.  Subsequent orders awarded the applicant the 2nd and 3rd award of the
AGCM from 16 February 1999 to 15 February 2002 and from 16 February 2002 to
      15 February 2005, respectively.


7.  Army Regulation 600-8-22, Military Awards, states that the immediate
unit commander's decision to award the AGCM will be based on his or her
personal knowledge and of the individual's official records for periods of
service under previous commanders during the period for which the award is
to be made.  The lack of official disqualifying comment by such previous
commanders qualifies the use of such period toward the award by current
commander.  Additionally, paragraph 4-5 lists the qualifying period of
service as each 3 years completed on or after 27 August 1940.

8.  Paragraph 4-8, disqualification for the AGCM, states that conviction by
courts-martial terminates a period of qualifying service; a new period
begins the following day after completion of the sentence imposed by the
court-martial.  Individuals whose retention is not warranted, or for whom a
bar to reenlistment has been approved, are not eligible for award of the
AGCM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he was disqualified for the award of
the AGCM from 20 November 1994 thru 20 November 1997.  However, the
applicant did not enlist in the Army until 16 February 1996.  Therefore,
the effective date of the applicant's qualifying period of service for
award of the AGCM did not start until 16 February 1996 and not from 20
November 1994 as indicated on the commander's disqualification memorandum.

2.  Additionally, the applicant was disqualified for the award of the AGCM
for being arrested for assault which occurred on 6 December 1996.  The
investigating officer was appointed a year later and determined that the
applicant was not at fault but, was a victim.

3.  In a memorandum dated 9 January 1998, the investigating officer stated
that the applicant's injuries were in the line of duty.  The applicant was
disqualified for the award of the AGCM on 20 November 1997.

4.  A review of the applicant's OMPF does not reveal any other derogatory
information that would disqualify him for the award of the AGCM.  Further,
orders verify that the applicant was awarded the AGCM (1st award) for the
period of service from 16 February 1996 to 15 February 1999.

5.  Evidence of record substantiates that the disqualifying period of the
award of the AGCM, listed on the commander's memorandum, was in error.  The
reason for disqualification "arrest for 2nd degree assault" was listed
prior to the completion of the investigation.  Based upon the date of the
memo, the findings appear to have been unknown at the time the
disqualification memo was rendered.  Additionally, the applicant was
awarded the AGCM for the correct period of service.  In view of these
facts, it would be appropriate, and in the interest of justice and equity
to remove the disqualification memorandum from the applicant's file.

BOARD VOTE:

__JA____  ___JM __  __LD____  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 all
Department of the Army records of the individual concerned be corrected by
deleting the Good Conduct Medal disapproval memorandum and all allied
documents from the applicant's disciplinary section of his OMPF.





                                  ____ James Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009231                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|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.                      |                                        |


-----------------------
[pic]