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Decision Text

ARMY | BCMR | CY1996 | 9608659C070209
Original file (9608659C070209.txt) Auto-classification: Approved
2.  The applicant requests that his records be corrected to show entitlement to the Army Achievement Medal (AAM) and his grade as E-4.  He furnished promotion and award orders, in support of his claim.

3.  He enlisted in the Regular Army on 24 August 1989.  He completed his required training and was awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic).  He was advanced to pay grade E-3 effective 1 December 1991.

4.  His Personnel Qualification Record shows that he was advanced to pay grade E-2 on 24 February 1990; to E-3 on     1 September 1990; reduced to E-2 on 29 September 1991; and, advanced to E-3 on 1 December 1991.  The applicant provides orders advancing him to E-4 on 19 May 1992.

5.  On 16 September 1992, order 36-14, Headquarters, 99th Support Battalion, awarded the applicant the AAM. 

6.  On 17 February 1993, a mental status evaluation cleared the applicant for separation.

7.  On 3 March 1993, a physical examination cleared him for separation.

8.  5 May 1993, the unit commander notified the applicant that he was initiating separation action under Army Regulation 635-200, chapter 14, misconduct - abuse of illegal drugs and of his rights.  The applicant, with legal counsel, acknowledged the commander’s notification; waived personal appearance before a board of officers; and, elected not to submit a statement in his own behalf.  The commander recommended his separation with a general discharge (GD).

9.  On 6 May 1993, the appropriate separation authority approved his separation with a GD.

10.  On 10 May 1993, order 78-4 directed his separation effective 13 May 1993, in pay grade E-4; however, on 11 May 1993, orders 79-1 amended that order to show E-3.

11.  On 13 May 1993, he was discharged, with a GD, in pay grade E-3, under the above cited regulation.  His Report of Separation indicates that he had 3 years, 8 months and     20 days of creditable service.  He was entitled to award of the Army Service Ribbon, the National Defense Service Medal, and the Good Conduct Medal. 

CONCLUSIONS:

1.  The preponderance of evidence shows that the applicant served in pay grade E-4, however, just prior to his separation he was reduced to pay grade E-3. 

2.  The evidence shows that he should have his records corrected to show his entitlement to the AAM.

3.  In view of the foregoing, it is fair to conclude that he is entitled to have his record corrected, but only as shown below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing his entitlement to award of the AAM.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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