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ARMY | BCMR | CY2002 | 2002070312C070402
Original file (2002070312C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002070312


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. Roger W. Able Member
Mr. John T. Meixell 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, correction of his DD Form 214 (Report of Transfer or Discharge) to show campaign ribbons and awards and decorations to which he may be entitled.

3. The applicant states that he served nine months in Korat, Thailand, that he attended water purification school in Okinawa while assigned to the 809th Engineer Battalion and that he served 30 days on a ship in the South China Sea in 1961.

4. The applicant’s military records show that he enlisted in the Army Reserve on 28 March 1957; however, he was relieved from military control on 13 October 1957 by virtue of a void (minority) enlistment. The applicant enlisted in the Regular Army on 20 October 1959 for a period of 3 years. He served as a construction machine operator in Okinawa from 16 January 1961 through
16 September 1962 and was honorably released on 18 September 1962.

5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 shows the Marksman Marksmanship Qualification Badge with Carbine Bar as an authorized award.

6. Section 9 (Medals, Decorations, and Citations) on the applicant’s DA Form 24 (Service Record) shows entitlement to the Marksman Marksmanship Qualification Badge with Carbine Bar.

7. There is no evidence in the applicant’s service personnel records that he was recommended for or awarded the Good Conduct Medal. However, his records contain two summary court-martial convictions and one day lost due to being absent without leave (AWOL).

8. The Board notes that the applicant is eligible for award of the National Defense Service Medal based on his honorable service from 20 October 1959 through 18 September 1962.

9. Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

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




CONCLUSIONS
:

1. The applicant’s record shows instances of indiscipline, two summary court-martial convictions and one day lost for being AWOL, which are disqualifying factors for award of the Good Conduct Medal. In view of the applicant’s acts of indiscipline, the Board determined that the applicant was not eligible for award of the Good Conduct Medal.

2. Based on the applicant’s honorable service from 20 October 1959 through
18 September 1962, the applicant is entitled to correction of his DD Form 214 to show award of the National Defense Service Medal.

3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION
:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the National Defense Service Medal.

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

BOARD VOTE:

RVO___ RWA____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond V. O’Connor__
                  CHAIRPERSON




INDEX

CASE ID AR2002070312
SUFFIX
RECON
DATE BOARDED 20020620
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0069
2.
3.
4.
5.
6.


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