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ARMY | BCMR | CY2001 | 2001060031C070421
Original file (2001060031C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:

        

         BOARD DATE: 21 February 2002
         DOCKET NUMBER: AR2001060031



         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. P. A. Castle Analyst

The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Mr. Thomas A. Pagan Member
Mr. Melvin H. Meyer 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 his report of separation (DD Form 214) in his military record be corrected to reflect award of the Army Achievement Medal (AAM). He also requests that the grade on the DD Form 214 be corrected to show his promotion to pay grade E4 prior to his separation, in lieu of pay grade E2.


3. The applicant states he was unaware until recently that his DD Form 214 was incorrect.

4. The applicant’s military record shows that he entered active duty on 24 May 1984, and was honorably released from active duty on 24 March 1988, under the Reduction in Strength Program and transferred to the USAR Control Group (Reinforcement). At the time of his separation he had 3 years, 10 months, and 1 day of active duty service.

5. The DD Form 214 shows a pay grade of E2 with a date of rank as 26 March 1986. According to his record it is the same date that he was reduced to E2 due to disciplinary action resulting in non-judicial punishment (NJP).

6. There is no evidence in the record that shows when the applicant actually became an E3 again except for a leave request, an emergency update form, and his security clearance document in October 1986. The applicant does submit as evidence a DA Form 4187 (Personnel Action) dated 23 March 1987, where his commander approved his promotion to grade E4 effective 1 March 1987. All of the applicant’s separation documents reflect the pay grade of E4.

7. As proof of his entitlement to the Army Achievement Medal the applicant submits a copy of permanent orders 352-9 dated 18 December 1986. The order announces his entitlement to the Army Achievement Medal for meritorious service.

8. 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.

CONCLUSIONS:

1. Army regulations and the applicant’s records support the award of or entitlement to the Army Achievement Medal.

2. Evidence of record supports that the DD Form 214 is in error and should reflect the applicant’s pay grade as E4 in accordance with his commander’s approval of his promotion on 23 March 1987.

3. 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 to show the individual concerned was awarded the Army Achievement Medal on 18 December 1986 and that his pay grade at the time of separation was E4, with a date of rank of 1 March 1987.

BOARD VOTE:

___
gp___ ___mm__ ___tap __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                    ____
George D. Paxson_____
                                    CHAIRPERSON




INDEX

CASE ID AR2001060031
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/02/21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 71 107.0025
2. 189 110.0000
3. 310 131.0000
4.
5.
6.



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