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ARMY | BCMR | CY2002 | 2002068548C070402
Original file (2002068548C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 18 APRIL 2002
         DOCKET NUMBER: AR2002068548


         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. Deborah L. Brantley Senior 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, in effect, that his records be corrected to reflect all of his awards and decorations. In the interest of time the applicant’s DD Form 293 was accepted in lieu of a DD Form 149.

3. Records available to the Board indicate the applicant entered active duty on 22 May 1996. The applicant was credited with the completion of two overseas tours (Korea and Germany). In August 1997 he was awarded an Army Achievement Medal. Orders published by the 227th Maintenance Battalion in Korea confirmed the award. In September 1998 was promoted to pay grade E-4.

4. On 7 September 2000 the applicant was honorably discharged as a result of an adjustment disorder. His separation document indicates he was awarded an Army Service Ribbon and a Marksmanship Qualification Badge with “Rifle” bar. His Army Achievement Medal was omitted from his separation document.

5. 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.

6. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Army Regulation 600-8-22 states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

CONCLUSIONS:

1. The evidence confirms the applicant was awarded an Army Achievement Medal, which was omitted from his separation document. His records should be corrected accordingly.

2. The applicant completed a qualifying period for award of the Army Good Conduct Medal on 21 May 1999. 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 and no evidence of any misconduct, which would serve as a basis to deny him the award. The Board concludes that it would be appropriate to award the applicant an Army Good Conduct Medal for the period 22 May 1996 through 21 May 1999.

3. The Board also notes, by virtue of the fact that he was credited with completion of two overseas tours (Korea and Germany), that it would be appropriate, and in the interest of justice to correct his records to show entitlement to two Overseas Service Ribbons.

4. 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:

a. by showing that the individual concerned was awarded an Army Achievement Medal;

b. by awarding him an Army Good Conduct Medal for the period 22 May 1996 through 21 May 1999; and

c. by showing that he is entitled to two Overseas Service Ribbons.

BOARD VOTE:

__FNE _ __BJE _ __REB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn_____
                  CHAIRPERSON




INDEX

CASE ID AR2002068548
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020418
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. 107.00
2.
3.
4.
5.
6.


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