Mr. Carl W. S. Chun | Director | |
Mrs. Nancy Amos | Analyst |
Ms. June Hajjar | Chairperson | |
Mr. Thomas F. Baxter | Member | |
Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Army Good Conduct Medal for his initial period of service and that he receive an award for his service in the U. S. Army Reserve (USAR).
APPLICANT STATES: That the service stripes on his uniform must match the Army Good Conduct Medal or the photographers at their photo facility will not take his official photo for the upcoming E-7 promotion board. He states that he provided a copy of his Report of Separation or Discharge, DD Form 214, and his release from the USAR to allow him to reenlist in the Regular Army but no documents were attached.
EVIDENCE OF RECORD: The applicant's military records, except his Delayed Entry Program (DEP) documents, from his initial period of service are not available. The records may be at the Army Reserve Personnel Command but cannot be obtained by the Board at this time. The information contained herein was obtained from alternate sources.
The applicant enlisted in the DEP on 19 June 1987 and in the Regular Army on 2 September 1988. He apparently was honorably separated on 1 September 1991 and entered the active Reserve at some point. He reenlisted in the Regular Army on 9 March 1995 from the USAR in pay grade E-4.
Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. It provides 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. This period is normally 3 years. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. The decision to award an individual a personal decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority. No individual is automatically entitled to an award upon departure from an assignment.
Each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. However, Title 10, U. S. Code, section 1130 (formerly known as section 522 of the National Defense Authorization Act of 1996) provides that the Service concerned will review a proposal for the award of a decoration that would not otherwise be authorized to be awarded based upon
time limitations previously established by law. A separate Recommendation for Award, DA Form 638, must be submitted for each award. The unit, the period of assignment, and the award being recommended must be clearly identified. A narrative of the actions or period for which recognition is requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request. The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requestor. A request for award should be sent, through the appropriate Member of Congress, to: Commander, U. S. Total Army Personnel Command, ATTN: TAPC-PDO-PA (Awards Branch), Room 3S67, Hoffman II, 200 Stovall Street, Alexandria, VA 22332-0400.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. There is no automatic entitlement to the Army Good Conduct Medal and there are insufficient records available to enable the Board to make a decision whether the applicant met the criteria for its award. When his initial service records become available, he may request reconsideration.
2. The applicant should inform, or have his servicing personnel service company inform, his photo facility that there is no direct relationship between the Army Good Conduct Medal and the uniform service stripe.
3. No individual is automatically entitled to an award upon departure from an assignment. If the applicant feels he should have been recommended for an award while he was in the active Reserve, he should take the actions provided for in Title 10, U. S. Code, section 1130 as outlined above.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__jh____ __tfb___ __jtm___ DENY APPLICATION
CASE ID | AR2001054591 |
SUFFIX | |
RECON | |
DATE BOARDED | 20010816 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | (DENY) |
REVIEW AUTHORITY | |
ISSUES 1. | 107.00 |
2. | 107.0056 |
3. | |
4. | |
5. | |
6. |
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