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Decision Text

ARMY | BCMR | CY2001 | 2001065586C070421
Original file (2001065586C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 09 APRIL 2002
         DOCKET NUMBER: AR2001065586


         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Mr. Donald P. Hupman, Jr. 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Small Arms Repairman Course, the additional skill identifier M2/M3, and a 2nd and 3rd award of the Good Conduct Medal.

3. The applicant states that he completed the Small Arms Repairman Course at Aberdeen Proving Ground, that he was awarded an additional skill identifier (ASI)
M2/M3, and was awarded a 2nd and 3rd Good Conduct Medal as reflected in his records. The applicant submits no evidence in support of his request.

4. The applicant’s military records show that he enlisted in the Regular Army on 9 October 1979, for a period of 4 years. He successfully completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Aberdeen Proving Ground, Maryland, and was awarded Military Occupational Specialty (MOS) 45B - Small Arms Repairer.

5. On 13 January 1984, he completed the M2/M3 Small Arms Repairer Course (45B), at Aberdeen Proving Ground, Maryland. The M2/M3 is a 2 week refresher course but did not result in award of any ASI to MOS 45B.

6. On 6 March 1987, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service. His DD Form 214 indicates he had 7 years, 4 months and 28 days of active service; was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Humanitarian Service Medal, one Good Conduct Medal and the Marksmanship Badge with M16 rifle bar; and shows that he completed the Small Arms Repairer Course.

7. Although the applicant’s records do not contain an order awarding him the Good Conduct Medal, the award likely recognized his honorable service between 9 October 1979 and 8 October 1982.

8. 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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

9. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it states that item
14 (military education) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1. The applicant completed an additional qualifying period of service for award of a 2nd Good Conduct Medal on 8 October 1985, and the Board finds no basis to deny him the award for the period 9 October 1982 through 8 October 1985.

2. There is no additional skill identifier associated with the M2/M3 refresher course for MOS 45B, however, his DD Form 214 should be corrected to add this course.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by showing that the individual concerned was awarded the Good Conduct Medal - 2nd Award for the period 9 October 1982 through 8 October 1985; and

         b. by adding to item 14 (military education) the 2 week, M2/M3 Small Arms Repairer Course, completed on 13 January 1984.

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

BOARD VOTE:

__RVO__ __RJW__ __DPH __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O’Connor, Jr.
                  CHAIRPERSON



INDEX

CASE ID AR2001065586
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020409
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 131.00
2. 107.00
3.
4.
5.
6.


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