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Decision Text

ARMY | BCMR | CY2001 | 2001065820C070421
Original file (2001065820C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 April 2002
         DOCKET NUMBER: AR2001065820


         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. Lee Cates Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Barbara J. Ellis Member
Mr. Ronald E. Blakely 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 records be corrected to show entitlement to award of the Good Conduct Medal (GCMDL) and possibly many others.

3. The applicant states that he is missing several medals from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 29 September 1967. He indicates he believes he is missing the GCMDL. Further, he indicates he served in Korea and has one medal.

4. The applicant’s military records show that he was inducted into the Army on 1 October 1965.

5. During the period 24 February 1966 through 24 March1967, he served in Korea.

6. During the period 11 October 1965 to 24 February 1966, his conduct and efficiency ratings were good/good.

7. On 29 September 1967, he was honorably separated under Army Regulation 635-200, based on the expiration of his term of service. His DD Form 214 indicates he had 1 year, 11 months and 29 days of creditable service. He was authorized the National Defense Service Medal.

8. Army Regulation 600-8-22 (Military Awards) provides that the GCMDL 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 GCMDL, disqualification must be justified. Conduct/efficiency ratings are required to be excellent/excellent and that good/good was disqualifying for award of the GCMDL.

9. Army Regulation 600-8-22 also provides for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met. The governing regulation for award of the AFEM shows that it was awarded for service in Korea during the period from 1 October 1966 to 30 June 1974.

CONCLUSIONS:

1. Justification does not exist for award of the GCMDL to the applicant based on his conduct rating of good during the period of his enlistment. His ratings of good/good disqualified him for award of the GCMDL.

2. The Board notes he served in Korea during a qualifying period for the AFEM and his record should be corrected accordingly.

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 by showing the individual concerned was awarded the AFEM for service in Korea during the period 23 February 1966 through 24 March 1967.

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

BOARD VOTE:

_fne____ _reb____ _bje___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2001065820
SUFFIX
RECON
DATE BOARDED 20020418
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107
2.
3.
4.
5.
6.


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