RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 September 2007
DOCKET NUMBER: AR20070004990
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.
| |Ms. Catherine C. Mitrano | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Larry C. Bergquist | |Chairperson |
| |Ms. Marla J. Troup | |Member |
| |Ms. Ernestine I. Fields | |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 award of the Army Good Conduct Medal.
2. The applicant states that he was approved for award of the Army Good
Conduct Medal. He has not received it nor is it on his DD Form 214
(Certificate of Release or Discharge from Active Duty).
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant served in Operation Iraqi Freedom.
2. The applicant enlisted in the Regular Army on 1 September 2003. His
Enlisted Record Brief, dated 12 January 2007, shows he was promoted to
Specialist, E-4 on 1 September 2005.
3. The applicant’s Enlisted Record Brief shows he was initially flagged on
7 July 2006 for an adverse action (Flag Code AA). A flag expiration date
is not entered.
4. The applicant was honorably released from active duty upon the
completion of his required active service on 15 March 2007 after
completing 3 years and 6 days of creditable active service with no
time lost. His DD Form 214 shows he released from active duty in the rank
and grade of Private, E-2 with an effective date of pay grade of 30
September 2006.
5. Army Regulation 600-8-22 (Suspension of Favorable Personnel Actions
(Flags)) states that a properly-imposed flag prohibits certain specified
personnel actions, to include awards and decorations.
6. Army Regulation 600-8-22 (Military Awards) states 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. However, there is no right or entitlement to the medal until
the immediate commander has approved the award and the award has been
announced in permanent orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that he was approved for award of the Army
Good Conduct Medal has been noted. However, he provided no evidence to
show it was approved.
2. The available evidence of record shows that the applicant was flagged
on 7 July 2006 for an adverse action. It appears he was reduced from
Specialist,
E-4 to Private, E-2 as a result of misconduct. His Enlisted Record Brief,
dated
12 January 2007, indicated that he was still flagged as of that date.
3. The available evidence fails to show that the applicant was awarded the
Army Good Conduct Medal or that he met the eligibility criteria for award
of the Army Good Conduct Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__lcb___ __mjt___ __eif___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
__Larry C. Bergquist__
CHAIRPERSON
INDEX
|CASE ID |AR20070004990 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070911 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |107.0056 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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