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Decision Text

ARMY | BCMR | CY2002 | 2002069023C070402
Original file (2002069023C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 25 JULY 2002
         DOCKET NUMBER: AR2002069023


         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. Raymond V. O’Connor Chairperson
Mr. Richard T. Dunbar Member
Mr. Kenneth W. Lapin 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 to reflect that he was separated in pay grade E-4 and that he was entitled to the Army Achievement Medal, two awards of the Army Commendation Medal, and an Armed Forces Expeditionary Medal. In support of his request he submits a copy of the document promoting him to pay grade E-4, a memorandum confirming his entitlement to the Armed Forces Expeditionary Medal, and orders confirming entitlement to the Army Achievement Medal and both Army Commendation Medals.

3. Records available to the Board indicate the applicant entered active duty on
2 October 1997 for a period of 4 years. He was promoted to pay grade E-3 on
1 May 2000 and to pay grade E-4 on 1 December 2000. There is no indication that he was ever reduced in grade and both of his Army Commendation Medal orders, which were published in 2001, indicate the applicant was serving in pay grade E-4 at the time.

4. Orders submitted by the applicant confirm he was awarded the Army Achievement Medal and two Army Commendation Medals. Those decorations, however, were omitted from his separation report. Additionally, the applicant was awarded an Army Good Conduct Medal for the period "02 October 1997 to
01 October 2000" which was also omitted from his separation document. Orders confirming the award are contained in his Official Military Personnel File.

5. The applicant was a member of the 60th Ordnance Company at Fort Carson, Colorado when he deployed to Southwest Asia as a member of Task Force Thunder in support of elements from Fort Riley, Kansas participating in Operation Desert Spring Intrinsic Action. Soldiers deployed to Southwest Asia in support of that operation were awarded the Armed Forces Expeditionary Medal.

6. On 1 October 2001 the applicant was released from active duty. He was not available to authenticate his separation document. In addition to the missing awards, the applicant's separation document indicates that he was separated in pay grade E-3 with a date of rank of 1 May 2000. He was separated with a Reenlistment Eligibility Code of 1, indicating that he was fully qualified for reenlistment at the time of his separation.

7. On 12 June 2002 a member of the Board's staff contacted officials at the Defense Finance and Accounting Office-Indianapolis (DFAS). The official confirmed the applicant was released from active duty in pay grade E-4. A record of telephone conversation was prepared and provided to the applicant for comment. No response was received.




CONCLUSIONS:

1. The evidence confirms that the applicant was awarded an Army Achievement Medal, two Army Commendation Medals, and the Army Good Conduct Medal. His records should be corrected accordingly.

2. Information from DFAS confirms the applicant was released in pay grade E-4 and his records should be corrected accordingly.

3. The Board also accepts the applicant's contention that he served in Southwest Asia as a participant in Operation Desert Spring Intrinsic Action, and as such is entitled to the Armed Forces Expeditionary Medal.

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 he was separated in pay grade E-4;

b. by showing that he was awarded an Army Achievement Medal, two Army Commendation Medals, and an Army Good Conduct Medal, and

c. by showing that he is entitled to the Armed Forces Expeditionary Medal.

BOARD VOTE:

_RVO___ __RTD __ __KWL__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor__
                  CHAIRPERSON




INDEX

CASE ID AR2002069023
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020725
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. 110.00
3.
4.
5.
6.


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