PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 October 2001
         DOCKET NUMBER: AR2001058728


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Ms. Karol A. Kennedy		Member
Mr. Richard T. Dunbar		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.

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2. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the second award of the Good Conduct Medal, the third award of the Army Achievement Medal, and the first award of the Army Commendation Medal. In addition, he requests correction of his records to show his rank as specialist (SPC)/pay grade E-4.

3. The applicant states, in effect, that his records should be corrected to show his pay grade as “E-4” instead of “E-3” and to show two Good Conduct Medals, three Army Achievement Medals, and one Army Commendation Medal. In support of his application, he submits a Certificate of Promotion, an award certificate for the Army Commendation Medal, dated 1 June 1993, and a DA Form 638-1 (Recommendation for Award), dated 20 April 1993.

4. The applicant’s military records show that he enlisted in the Regular Army on 10 November 1981. He completed basic and advanced individual training, served in Germany and was honorably released from active duty on 9 November 1984. He entered active duty again on 30 November 1988 for a period of 4 years and 5 months. He completed another tour in Germany and was honorably discharged from active duty on 29 April 1993.

5. The applicant’s personnel records contain two DD Forms 214. His discharge document, with a separation date of 29 April 1993, does not show entitlement to the second award of the Good Conduct Medal, the third award of the Army Achievement Medal or the first award of the Army Commendation Medal.

6. The applicant’s DD Form 214, with a separation date of 29 April 1993, shows the first award of the Good Conduct Medal. Orders in his personnel records show the first award of the Good Conduct Medal was authorized for the period 10 November 1981 to 9 November 1984.

7. There is no evidence of record which shows the applicant was awarded or disqualified by his chain of command from receiving the second award of the Good Conduct Medal during his second enlistment. However, his records contain a DA Form 4187 (Personnel Action), dated 22 June 1992, which shows he received an Article 15, Uniform Code of Military Justice (UCMJ) on 11 June 1992 for a violation under Article 112a, UCMJ. The offenses listed under Article 112a, UCMJ include the wrongful use, possession, or distribution of controlled substances; however, the applicant’s specific offense is not indicated in his records.

8. The applicant’s DD Form 214, with a separation date of 29 April 1993, does not show any awards of the Army Achievement Medal. His personnel records contain 17th Signal Battalion Permanent Orders Number 37-2, dated 9 August 1989, which awarded him the Army Achievement Medal for meritorious service during the period 25 July 1989 to 4 August 1989.
9. The applicant provided a copy of DA Form 638-1 (Recommendation for Award), dated 20 April 1993, which shows the entry “(3) AAM (1) Good Conduct” in item 13 (Previous Awards). There are no orders in the applicant’s records which show he was awarded the second or third award of the Army Achievement Medal.

10. The applicant also provided a copy of an award certificate, dated 1 June 1993. This certificate shows he was awarded the Army Commendation Medal for meritorious service from 5 August 1992 to 29 April 1993 by 3rd Brigade, 24th Infantry Division (Mechanized) Permanent Order Number 29-20, dated 5 May 1993.

11. The applicant’s personnel records contain a DA Form 4187 (Personnel Action), dated 27 December 1989, which advanced him to the rank of SPC/pay grade E-4, with an effective date 1 January 1989. His records also contain a Personnel Action, dated 22 June 1992, which reduced him from SPC/E-4 to PFC/E-3 with a new date of rank as 11 June 1992.

12. The applicant provided a copy of his Certificate of Promotion which shows he was promoted to the rank of SPC/pay grade E-4 on 1 January 1993. The DA Form 638-1, dated 20 April 1993, shows his rank as “SPC”.

13. The applicant’s military pay account record provided by the Defense Finance and Accounting Service shows his pay grade as “E-4” at the time of his discharge from the service.

14. 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.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. Numerals will be used to denote second and subsequent awards of the Army Achievement Medal.

16. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 4a (Grade, Rate or Rank) and 4b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.

CONCLUSIONS:

1. The applicant’s DD Form 214, with a separation date of 29 April 1993, shows the first award of the Good Conduct Medal.

2. There is no evidence of record which shows the applicant was recommended for or awarded the second award of the Good Conduct Medal during his second enlistment. However, his record shows he received an Article 15, UCMJ for violation of Article 112a which is a disqualifying factor for award of the Good Conduct Medal. In view of the applicant’s act of indiscipline, the Board has determined that there is no basis for awarding him the second award of the Good Conduct Medal.

3. Orders show the applicant was awarded the Army Achievement Medal for meritorious service during the period 25 July 1989 to 4 August 1989. Although the applicant contends that he is entitled to three awards of the Army Achievement Medal, evidence of record shows he was awarded only one award of the Army Achievement Medal. Therefore, his DD Form 214, with a separation date of 29 April 1993, will be amended to show one award of the Army Achievement Medal.

4. Evidence provided by the applicant shows he was awarded the Army Commendation Medal for meritorious service from 5 August 1992 to 29 April 1993; therefore, he is entitled to correction of his DD Form 214, with a separation date of 29 April 1993, to show the Army Commendation Medal.

5. Records show the applicant was reduced from the rank of SPC/pay grade E-4 to PFC/pay grade E-3 on 11 June 1992.

6. Evidence available to the Board shows the applicant was promoted to the rank of SPC/E-4 on 1 January 1993. However, through an administrative error, his rank and pay grade were incorrectly recorded on his DD Form 214, with a separation date of 29 April 1993. Therefore, it would be appropriate to correct his records to show his rank as SPC and his pay grade as E-4 with an effective date of pay grade as 1 January 1993.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to the individual concerned be corrected:

         a. by amending his DD Form 214, with a separation date of 29 April 1993, to show he was awarded the Army Achievement Medal and the Army Commendation Medal;

         b. by deleting the entry “PFC” from item 4a (Grade, Rate or Rank) on his DD Form 214 with a separation date of 29 April 1993;

         c. by deleting the entry “E-3” from item 4b (Pay Grade) on his DD Form 214 with a separation date of 29 April 1993;

         d. by deleting the entry “92 06 11” from item 12h (Effective Date of Pay Grade) on his DD Form 214 with a separation date of 29 April 1993;

         e. by adding the entry “SPC” in item 4a on his DD Form 214 with a separation date of 29 April 1993;

         f. by adding the entry “E-4” in item 4b on his DD Form 214 with a separation date of 29 April 1993; and

         g. by adding the entry “93 01 01” in item 12h on his DD Form 214 with a separation date of 29 April 1993.

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

BOARD VOTE:

MKP____ RTB_____ KAK____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Margaret K. Patterson_
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058728
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011002
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.	107.0056
2.	107.0025
3.	107.0020
4.	129.0000
5.
6.