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ARMY | BCMR | CY2001 | 2001053072C070420
Original file (2001053072C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 26 JULY 2001
         DOCKET NUMBER: AR2001053072


         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.

Mr. Carl W. S. Chun Director
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. Hubert O. Fry Member
Mr. Eric N. Andersen Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that her military records be corrected to reflect award of the Army Achievement Medal, Overseas Service Ribbon, and Army Good Conduct Medal. She states her entitlement to the Overseas Service Ribbon and Army Good Conduct Medal is a “given” in view of her overseas service which is confirmed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) and the fact that she was honorably discharged after 4 years of service. Although she states that she enclosed a copy of orders confirming her award of the Army Achievement Medal the order was not part of the application presented to the Board.

3. Records available to the Board indicate the applicant entered active duty on
7 November 1988 for a period of 4 years. Following completion of basic and advanced individual training she was assigned to a unit in Germany where she remained for the duration of her enlistment contract. While in Germany the applicant deployed with her unit to Southwest Asia in support of Operations Desert Shield/Storm. This Board confirmed her entitlement to decorations associated with her service in the Persian Gulf War in a May 1998 action and her records were corrected accordingly.

4. In January 1992 orders were issued by the 7th Air Defense Artillery awarding the applicant an Army Achievement Medal for the period April 1989 through December 1991. The award, however, was omitted from her November 1992 separation report.

5. The applicant was released from active duty with an honorable characterization of service in pay grade E-4 on 6 November 1992. In addition to the Army Achievement Medal the applicant also received a Certificate of Achievement in recognition of her performance of duty as a material and accounting specialist while assigned to the 549th Maintenance Company in Germany. There is no evidence in her records of any derogatory or disciplinary action.

6. Army Regulation 600-8-22 provides that the 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 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

7. Army Regulation 600-8-22 also states that the Overseas Service Ribbon was established in April 1981 and awarded to members of the U.S. Army for successful completion of overseas tours. The Overseas Service Ribbon will not be awarded for overseas service recognized with another U.S. service medal.
CONCLUSIONS:

1. The evidence confirms the applicant was awarded an Army Achievement Medal which was omitted from her separation report.

2. The evidence also confirms that the applicant successfully completed her overseas tour of duty in Germany and as such is entitled to the Overseas Service Ribbon. The Board notes that she was awarded the Southwest Asia Service Medal in recognition of her service in Southwest Asia during the Persian Gulf War and as such is not entitled to any additional Overseas Service Ribbons.

3. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 6 November 1991. There is no evidence in the applicant's official military personnel file that her commander ever disqualified her for award of the Good Conduct Medal and no evidence which would serve as a basis to deny her that award. As such it would be appropriate, and in the interest of justice, to award the applicant an Army Good Conduct Medal for the period
7 November 1988 through 6 November 1991.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by showing that she was awarded the Army Achievement Medal; and

b. by awarding her the Army Good Conduct Medal for the period
7 November 1988 through 6 November 1991 and an Overseas Service Ribbon.

BOARD VOTE:

__RVO__ __HOF _ __ENA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor
                  CHAIRPERSON



INDEX

CASE ID AR2001053072
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010726
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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