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Decision Text

ARMY | BCMR | CY2002 | 2002071101C070402
Original file (2002071101C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002071101


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Hubert O. Fry Member
Ms. Gail J. Wire 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 correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Army Commendation Medal.

3. The applicant states that the award was mailed to him after he was discharged and is not shown on his record. In support of his application, he submits a copy of an award certificate for the Army Commendation Medal and his DD Form 214.

4. The applicant’s military records show that he enlisted in the Regular Army on 22 April 1974 for a period of three years. He successfully completed training as a telecommunications center specialist and was promoted to specialist four in March 1975. The applicant was honorably released from active duty on 22 April 1977.

5. The applicant's DD Form 214 does not show entitlement to the Army Commendation Medal.

6. The applicant provided a copy of an award certificate, dated 26 April 1977, which shows he was awarded the Army Commendation Medal for meritorious service during the period 29 December 1974 to 20 April 1977.

7. A review of the applicant's personnel records revealed that he is eligible for award of the Good Conduct Medal which is not shown on his discharge document.

8. There is no evidence the applicant received the first award of the Good Conduct Medal. His records contain a DA Form 2496 (Disposition Form), dated 28 December 1976, which shows the applicant was qualified for the first award of the Good Conduct Medal for the period 22 April 1974 to 22 April 1977. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

9. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10. 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.
CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Army Commendation Medal to the applicant. However, the applicant has provided an award certificate which is authenticated by a general officer and shows the applicant was awarded the Army Commendation Medal on 26 April 1977 for meritorious service during the period 29 December 1974 to 20 April 1977. Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Army Commendation Medal. Therefore, the applicant is entitled to correction of his records to show award of the Army Commendation Medal.

2. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 22 April 1974 through 21 April 1977. Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

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 was awarded the Army Commendation Medal and the Good Conduct Medal.

BOARD VOTE:

JLP_____ HOF____ GJW____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater____
                  CHAIRPERSON




INDEX

CASE ID AR2002071101
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020723
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0021
2.
3.
4.
5.
6.


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