IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110025268
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:
* according to Executive Order 8809, any active duty Soldier who completes 3 consecutive years of honorable service and who did not receive nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) will be awarded this medal
* he completed over 3 years of honorable service, but he was not awarded this medal
* 5 days after his 3-year mark, he received NJP under Article 15 the date of the NJP was 9 January 2009 and he completed 3 years 5 days earlier
* 1 month prior to receiving the NJP, the unit had a change of command
* the incoming commander rejected awarding him the Army Good Conduct Medal based on the UCMJ action but did not consider his 3 good years
3. The applicant did not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army for 4 years on 4 January 2006 and he held military occupational specialty (MOS) 21F (Crane Operator). He served in Kuwait/Iraq from 13 May 2007 to 29 July 2008.
2. He was assigned to the 226th Quartermaster Company/Combat Support Service (Direct Support), 87th Combat Sustainment Support Battalion, Fort Stewart, GA.
3. He was honorably released from active duty in the rank/grade of private/E-1 on 3 January 2010 completing 4 years of creditable active service. His DD Form 214 shows in:
* Item 4a (Grade, Rate, or Rank), item 4b (Pay Grade), and item 12h (Effective Date of Pay Grade) "PV1," "E-1," and "17 February 2009," respectively
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Army Commendation Medal
* National Defense Service Medal
* Iraq Campaign Medal with campaign star
* Army Service Ribbon
* Overseas Service Ribbon
* item 27 (Reentry Code) "3" (eligible to reenlist with waiver)
4. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal was established by Executive Order 8809, dated 28 June 1941, and was amended by Executive Order 9323, dated 1943, and by Executive Order 10444, dated 10 April 1953. It is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by his or her exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. 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.
a. The immediate unit commander's decision to award the Army Good Conduct Medal 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 comments by such previous commanders qualifies the use of such period toward the award by the current commander.
b. Throughout a qualifying period, each enlisted Soldier must meet all of the following criteria for an award: the immediate commander evaluates the Soldier's character as above reproach and the record of service indicates the Soldier has willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted him or herself in such an exemplary manner as to distinguish him or her from his or her fellow Soldiers.
c. While any record of NJP could be in conflict with recognizing the Soldier's service as exemplary, such record should not be viewed as automatically disqualifying. The commander analyzes the record, giving consideration to the nature of the infraction and the circumstances under which it occurred and when.
d. In terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, MOS, and experience. Individuals whose retention is not warranted under certain standards or for whom a bar to reenlistment has been approved under the selected provisions/reasons are not eligible for award of this medal.
DISCUSSION AND CONCLUSIONS:
1. The facts and circumstances surrounding the applicant's NJP are not available for review with this case. It is unclear how or when the applicant violated the UCMJ that led to the Article 15 that resulted in his reduction to E-1 in September 2009.
2. By his own admission, the applicant states the commander disqualified him from receiving this medal. The immediate unit commander's decision to award the Army Good Conduct Medal is 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.
3. Although he completed over 3 years of continuous active service and he was honorably released from active duty, he received NJP, was reduced to E-1, and was not fully eligible to reenlist upon his separation. It appears the applicant does not meet the criteria for this award. Therefore, there is insufficient evidence to support awarding him this 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 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) AR20110025268
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