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ARMY | BCMR | CY2001 | 2001063517C070421
Original file (2001063517C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 February 2002
         DOCKET NUMBER: AR2001063517


         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
Mr. William Blakely Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Celia L. Adolphi Member
Mr. John T. Meixell 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 request, in effect, that his military records be corrected to show he was awarded the Army Commendation Medal (ARCOM).

3. The applicant states, in effect, that the ARCOM he earned was not included in the separation document (DD Form 214) issued to him upon his release from active duty (REFRAD) on 3 June 2001. In support of his application, he provides a copy of an ARCOM certificate, a recommendation for award (DA Form 638), and his separation document.

4. The applicant’s military records show that he was commissioned a second lieutenant in the United States Army Reserve (USAR) and entered active duty in a commissioned officer status on 10 June 1997. On 3 August 2001, he was honorably REFRAD after completing a total of 4 years, 1 month, and 24 days of active military service.

5. The DD Form 214 issued to the applicant upon his REFRAD confirms that he held the rank of captain and was serving in the primary specialty of 91B (Maintenance Management) on the date of his separation from active duty. It also shows, in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), that the only award he received during his active duty tenure was the Army Service Ribbon. The ARCOM is not included in the list of awards in Item 30 of his separation document.

6. The applicant provides a copy of award certificate (DA Form 4980) that confirms that he was awarded the ARCOM for exceptionally meritorious service from 1 November 1997 to 3 August 2001. He also provides a copy of the DA Form 638 that confirms in Part V (Orders Data) that he was awarded the ARCOM in Orders Number 141-4, dated 23 May 2001, issued by Headquarters, 13th Corps Support Command, Fort Hood, Texas.

7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 3-16 contains guidance on awarding the ARCOM and it states, in pertinent part, that it is awarded to any member who distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1. The Boards notes the applicant’s contention that the ARCOM should be added to his records and it finds this claim has merit.

2. The evidence provided by the applicant sufficiently confirms that he was awarded the ARCOM for meritorious service by the proper authority during his active duty tenure. Therefore, the Board concludes that it would be appropriate to add this award to his record at this time.

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 by showing that the individual concerned was awarded the Army Commendation Medal and by providing him a corrected separation document that includes this award.

BOARD VOTE:

__RVO__ _ _CAL__ __JTM GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor__
                  CHAIRPERSON




INDEX

CASE ID AR2001063517
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/02/28
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.20
2.
3.
4.
5.
6.



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