IN THE CASE OF:	  

	BOARD DATE:	  24 July 2008

	DOCKET NUMBER:  AR20080010100 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army Good Conduct Medal.

2.  The applicant states, in effect, he was mobilized and performed exemplary enlisted service on active duty in the Massachusetts Army National Guard (MAARNG) from 1 October 2001 through 30 October 2003.  He further states the MAARNG does not dispute that he is entitled to the Army Good Conduct Medal but they are unable to process the award due to his former commander having left the MAARNG.

3.  The applicant provides a copy of electronic mail between himself and the MAARNG, Form SF-180 (Request Pertaining to Military Records), and a memorandum from the applicant to the Headquarters, Military Intelligence Readiness Command, Fort Belvoir, Virginia (with enclosures) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he served in the Army National Guard (ARNG) and the U.S. Army Reserve (USAR) during the period from 8 May 1981 to 7 May 2007, in both an enlisted and officer status.  He is currently serving as a major in the Active Guard Reserve (AGR) Program.


2.  Departments of the Army and the Air Force, MAARNG, Office of The Adjutant General Orders 306-101, dated 2 November 2001, ordered the applicant to active duty for special work (ADSW), in the rank of staff sergeant, for the period 
1 October 2001 to 27 June 2002.  The authority for these orders is listed as Title 10 USC Section 672.

3.  Departments of the Army and the Air Force, MAARNG, Office of The Adjutant General Orders 080-101, dated 21 March 2002, amended Orders 306-101 by changing the period of active duty to read 1 October 2001 to 28 March 2002.  This amendment lists the authority as Title 32 USC Section 503 (ADT/ADSW).

4.  Departments of the Army and the Air Force, MAARNG, Office of The Adjutant General Orders 087-127, dated 28 March 2002, ordered the applicant to active duty for special work (ADSW), in the rank of staff sergeant, for the period 
29 March 2002 to 23 September 2002.  The authority for these orders is listed as Title 32 Section 503 (ADT/ADSW).

5.  Departments of the Army and the Air Force, MAARNG, Office of The Adjutant General Orders 263-118, dated 20 September 2002, amended Orders 184108, dated 3 July 2002, by changing the period of active duty to read 29 March 2002 to 27 September 2002.  This amendment lists the authority as Title 32 USC Section 503 (ADT/ADSW) - SCHOOLS.  The records do not contain a copy of Orders 184108, dated 3 July 2002.

6.  The applicant's records do not contain a DD Form 214 for the above period.

7.  Departments of the Army and the Air Force, MAARNG, Office of The Adjutant General Orders 296-172, dated 23 October 2002, ordered the applicant to active duty for special work (ADSW), in the rank of staff sergeant, for the period 
15 October 2002 to 12 April 2003.  The authority for these orders is listed as 
Title 32 Section 503 (ADT/ADSW) - SCHOOLS.

8.  Departments of the Army and the Air Force, MAARNG, Office of The Adjutant General Orders 107-105, dated 17 April 2003, ordered the applicant to active duty for special work (ADSW) for the period 13 April 2003 to 29 September 2003. The authority for these orders is listed as Title 10 Section 672.

9.  The applicant's records do not contain a DD Form 214 for the above period.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Eligibility for reserve personnel is limited to:  
	
	a.  Active Guard Reserve (AGR) enlisted personnel serving on extended periods of active duty (other than for training) under titles 10 and 32 of the USC for periods beginning on or after 1 September 1982; and 

	b.  Ready Reserve (which includes the ARNG) enlisted personnel ordered to active duty under Title 10 USC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the Army Good Conduct Medal.

2.  At the time the applicant was ordered to active duty he was not a member of the AGR Program.  He was a member of the Ready Reserve (which includes the ARNG).  Therefore, the only periods of active duty that may be used for calculation for eligibility for the Army Good Conduct Medal are those to which he was ordered to active duty under Title 10 USC.

3.  The applicant's orders for active duty for the period 1 October 2001 to 27 June 2002 were issued under Title 10 USC; however, it was for a period of less than 
1 year.  These orders were amended and changed the authority to Title 32 Section 503.  However, this does not constitute a one-year period for award of the Army Good Conduct Medal.

4.  The applicant's orders for active duty for the period 29 March 2002 to 
23 September 2002 and amended to 27 September 2002 were issued under 
Title 32.  The applicant's orders for active duty for the period 15 October 2002 to 
12 April 2003 were issued under Title 32.  Therefore, these two periods of active duty cannot be used for calculation of eligibility for the Army Good Conduct Medal.

5.  The applicant's orders for active duty for the period 13 April 2003 to 
29 September 2003 were issued under Title 10.  However, this does not constitute a one-year period for award of the Army Good Conduct Medal.


6.  In view of the above, the applicant does not meet the regulatory requirements for award of the Army Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  __X_____  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.



      __________X_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080010100



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ABCMR Record of Proceedings (cont)                                         AR20080010100



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