RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 October 2007
DOCKET NUMBER: AR20070007865
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
Ms. Jeanne Marie Rowan
Analyst
The following members, a quorum, were present:
Mr. John Slone
Chairperson
Mr. John Meixell
Member
Mr. David Tucker
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 reconsideration of his initial request for award of the Army Good Conduct Medal (AGCM).
2. The applicant states that he was absent without leave (AWOL) during his initial period of enlistment; however, he had personal problems that required his attention at home.
3. The applicant provides a self-authored letter in support of this application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records, which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060005503, on 21 November 2006.
2. The applicant provided, as new evidence, a self-authored letter to the Board. He states, in effect, that he does acknowledge that he went AWOL during the period 19 June 1971 to on or about 25 June 1971. He states he made a bad decision but that his personal problems with his fiancée were such that his presence was required at home. He acknowledges that it was not a mature decision, but that he was young. He states this AWOL decision was the only mistake he made during his period of enlistment. Further, he states, in effect, that he was a good Soldier and that he obeyed the orders of his superiors without question. He asks the Board for leniency and its favorable consideration.
3. The applicant's record shows that he received "Good" conduct and efficiency ratings for the periods 9 March 1970 to 24 September 1970 and again from 18 January 1971 through 6 February 1971. Records confirm he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 25 June 1971 for AWOL.
4. Army Regulation 672-5-1, in effect at the time when the Soldier was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all excellent conduct and efficiency ratings and no convictions by a court-martial. 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. With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army. Today, Army Regulation 600-8-22, which replaced Army Regulation
672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. While the remorsefulness of the applicant and the personal reasons he offers for going AWOL are acknowledged, the applicant's record shows he accepted nonjudicial punishment for his unauthorized absence. The time period that the applicant was AWOL is considered lost time under Title 10, United States Code, section 972.
2. Army Regulation 672-5-1 (Military Awards) in effect at the time of the applicant's enlistment, stated in pertinent part, that the AGCM would be awarded on a selective basis to Soldiers who distinguished themselves from among their peers by exemplary conduct, efficiency, and fidelity. The applicant's record shows he did not consistently exhibit exemplary conduct and that his superiors did not rate his enlistment period as "Excellent." Therefore, there is insufficient evidence to warrant the Board reversing its previous decision.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JS __ __JM____ __DT ___ 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 to amend the decision of the ABCMR set forth in Docket Number AR20060005503, dated 21 November 2006.
_______John Slone__________
CHAIRPERSON
INDEX
CASE ID
AR20070007865
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071018
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.0056
2.
3.
4.
5.
6.
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