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ARMY | BCMR | CY2001 | 2001066012C070421
Original file (2001066012C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2001066012


         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:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge, Jr. 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.


2. The applicant requests, in effect, that this military records be corrected to show all the awards and decorations to which he is entitled.

3. The applicant states, in effect, that he was rushed out of the Army and that the separation document (DD Form 214), he was issued on the date of his separation did not include the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Army Service Ribbon (ASR). In support of his application, he submits a copy of his DD Form 214.

4. The applicant's military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of his DD Form 214.

5. On 25 June 1956, the applicant was inducted into the Army of the United States. He continuously served on active duty until being honorably released from active duty on 21 April 1958, after completing a total of 1 year, 9 months, and 27 days of active military service. The DD Form 214 shows that he was trained and served in military occupational specialty (MOS) 310 (Field Communications Crewman) and that he held the rank of specialist 3rd class on the date of his separation.

6. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 indicates that during his active duty tenure he earned no awards. The AGCM, NDSM, and ASR are not listed in the separation document as authorized awards.

7. The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and gives no indication that he was ever disqualified from receiving the AGCM by any of the unit commanders for which he served on active duty.

8. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for any period of honorable active duty service between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, and 2 August 1990 and 30 November 1995.

9. Chapter 4 of the awards regulation contains guidance on awarding the Army Good Conduct Medal (AGCM) and it states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. A qualifying period is defined as a 3 year period of continuous enlisted active Federal military service served after 27 August 1940, however, in the case of the first award, a period of 1 or more years of service is a qualifying period of service for the award if it is given the termination of a period of active Federal service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

10. The ASR was established by the Secretary of the Army on 10 April 1981. It is awarded to members of the U.S. Army for successful completion of initial entry training. The ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981, provided they had an Active Army status on or after 1 August 1981.

CONCLUSIONS:

1. The evidence of records confirms the applicant honorably served on active duty in the Army from 25 June 1956 to 21 April 1958. In accordance with regulatory guidance, the applicant’s honorable service was not performed during a period that entitles him to be awarded either the NDSM or the ASR.

2. However, lacking any derogatory information on file or a specific disqualification by any of the active duty commanders for which he served, the record confirms that the applicant completed a period of honorable qualifying service from 25 June 1956 through 21 April 1958, which entitles him to the first award of the AGCM. Therefore, the Board concludes that it would be appropriate to add this award to his records 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 the individual concerned earned the first award of the Army Good Conduct Medal for his period of honorable active duty service from 25 June
1956 through 21 April 1958; and by providing him a corrected separation document that includes this award.

BOARD VOTE:

__MKP__ __EJA__ __RTD___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Margaret K. Patterson_
                  CHAIRPERSON



INDEX

CASE ID AR2001066012
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/04/11
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (Partial Relief)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.



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