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Decision Text

ARMY | BCMR | CY2001 | 2001054784C070420
Original file (2001054784C070420.rtf) Auto-classification: Approved
SUPPLEMENTAL PROCEEDINGS



         IN THE CASE OF:
        


         BOARD DATE: 3 April 2001
         DOCKET NUMBER: AR2001054784


         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. A quorum was present during the further consideration and deliberation. The findings appearing in proceedings dated 6 February 2001 were affirmed. The following additional findings, conclusions, and recommendation were adopted by the Board.

Mr. Carl W. S. Chun Director
Mr. Joseph A. Adriance Analyst

         The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 6 February 2001 .

Mr. Walter T. Morrison Chairperson
Mr. John T. Meixell Member
Mr. Thomas F. Baxter Member


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

         The Board considered the following additional evidence:

         Exhibit A- Total Army Personnel Command (PERSCOM), Awards Branch, facsimile, dated 23 March 2001.









THE BOARD ADDITIONALLY FINDS:

15. During the process of implementing the Board’s 6 February 2001 decision, a PERSCOM Awards Branch official determined that the award periods outlined in the original decisional document, for the Army Good Conduct Medal (AGCM) and for the Bronze Star Medal (BSM), required revision.

16. In paragraph 14 of the original decisional document, the regulatory criteria quoted used was based on the first award of the AGCM for a qualifying period of service of 1 year. Instead the criteria quoted should have been that applicable to a member receiving the award for a complete 3 year period of honorable service, which is “each 3 year period completed on or after 27 August 1940”, which is the applicable criteria in this case.

17. Using the regulatory policy criteria outlined in the preceding paragraph would change the qualifying period for which the applicant gained eligibility for the AGCM. This qualifying period would be his 3 year period of honorable active military service between 30 June 1944 and 29 August 1947.

18. In addition, although the applicant continued to serve in Europe until 22 June 1946, which was the BSM award period ending date used in the original decisional document, the regulatory policy provides an end date of 2 September 1945 for the period authorized for awarding the BSM for World War II achievement. Given this established expiration date, the period for which the applicant should have been awarded the BSM should be changed to 20 January 1945 to 2 September 1945.

19. Based on these administrative corrections, PERSCOM requested the Board publish a supplemental proceeding to authorize them to make the necessary award period date revisions.

THE BOARD ADDITIONALLY CONCLUDES:

7. At the time of the Board’s 6 February 2001 decision in this case, it was the intent of the Board to provide the applicant all awards to which he was entitled based on his honorable service during World War II.

8. In view of the policy and criteria clarifications provided by the PERSCOM Awards Branch, the Board finds it appropriate to act on their recommendation to provide this supplemental proceeding to authorize changes to the AGCM and BSM award periods outlined in the original decisional document.


9. The Board concurs with the PERSCOM recommended date adjustments and concludes that the applicant should have been awarded the BSM for meritorious achievement for the period 20 January 1945 to 2 September 1945 and the AGCM for his honorable service for the period from 30 August 1944 to 29 August 1947.

10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending sub-paragraphs b and c of the Board’s recommendations, contained in the 6 February 2001 record of proceedings pertaining to the applicant, as follows:

b. by awarding the individual concerned the BSM for meritorious achievement for the period 20 January 1945 to 2 September 1945 based upon his exemplary conduct in ground combat against an armed enemy during World War II; and

c. by awarding the individual concerned the AGCM for his 3 year period of honorable active military service between 30 August 1944 to 29 August 1947.

BOARD VOTE:

___tb___ __jm____ __wtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Walter T. Morrison____
                  CHAIRPERSON



INDEX

CASE ID AR2001054784
SUFFIX
RECON AR2000046935
DATE BOARDED 2001/04/03
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1949/06/20
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON ETS
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2.
3.
4.
5.
6.

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