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ARMY | BCMR | CY2002 | 2002074441C070403
Original file (2002074441C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 September 2002
         DOCKET NUMBER: AR2002074441


         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Melvin H. Meyer 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 correction of his records to reflect that he was awarded the Expert Field Medical Badge (EFMB).

3. The applicant states that his DD Form 214 (Report of Separation From Active Duty) does not reflect that he received the EFMB. He passed the EFMB test, but the ceremony to award the badge was held two weeks after he had separated which explains why it is not listed on his separation document.

4. In support of his request, he submits a copy of DA Form 3085 (EFMB Test), which indicates he was awarded the EFMB on 5 June 1975.

5. The applicant’s military records show that he entered the Regular Army on 31 July 1972 and completed training as a 91B (Medical Specialist). He was transferred to the US Army Reserve on 30 July 1975 in pay grade E-4. His character of service was honorable and he had completed a total of 3 years, 0 months and 0 days of creditable active service. His separation document shows no lost time.

6. His DD Form 214, signed by the applicant, reflects that he was awarded the National Defense Service Medal. The EFMB is not listed as an authorized award.

7. The applicant’s DA Form 20 (Enlisted Qualification Record), signed by him, shows he served as a medical corpsman, ambulance orderly and senior medical aid man. Where annotated, his conduct and efficiency are listed as excellent. Awards listed in item 41 (Awards and Decoration) but not reflected on his DD Form 214, are the EFMB and the Sharpshooter Marksmanship Qualification Badge (SMQB) with rifle bar.

8. The DA Form 3085 indicates that the applicant received passing scores in all 12 EFMB tested areas. The chief of testing remarked that of the seven personnel who were administered the EFMB test, the applicant was the only individual from the 2nd Battalion, 34th Infantry, who successfully completed the requirements.

9. His enlisted efficiency reports covering the period September 1974 through March 1975 reflect that he performed his duties in military occupational specialty (MOS) 91B in an excellent to outstanding manner and was recommended for promotion to sergeant.






10. Army Regulation, 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service: for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

11. The same regulation and DA Pamphlet 40-20 (EFMB Test) provides that the EFMB is awarded to enlisted personnel who must have an Army Medical Department primary MOS. This includes all MOS Career Management Field 91 as well as MOS 76J and 94F. The soldier must be on active duty or assigned to a troop program unit in the Reserve component or an Army Medical Department mobilization augmentation. Prior to being awarded the badge, personnel must successfully pass all 12 test parts.

CONCLUSIONS:

1. The DA Form 3085, submitted in support of his request, shows that the applicant passed the 12 tests that are required for the EFMB, and it was awarded to him on 5 June 1975. The applicant separated from active duty on 30 July 1975, shortly after passing the EFMB test. It appears that the brief period between his passing the EFMB test and his separation led to the award being mistakenly left off his separation document. In light of the evidence available, the Board concludes there is sufficient evidence to approve the award of the EFMB.

2. The record further shows that he was awarded the SMQB with rifle bar.

3. The applicant’s service was meritorious, as evidenced by his recommendation for promotion to sergeant and evaluations of excellent or outstanding for his performance of duty and conduct. Likewise, the record is devoid of any evidence of disciplinary action taken against him. As such, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 31 July 1972 through 30 July 1975 was in error and he is entitled to its award and to a correction of his records to show this award.

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 by:

a. showing that the individual concerned was awarded the EFMB on 5 June 1975;

b. showing he was awarded the Army Good Conduct Medal for the period 31 July 1972 through 30 July 1975; and

c. showing he was awarded the SMQB with rifle bar.

BOARD VOTE:

___mhm_ ___jtm___ ____cla_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___________Celia L. Adolphi_____
                  CHAIRPERSON




INDEX

CASE ID AR200204441
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
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. 107.0112
2.
3.
4.
5.
6.


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