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ARMY | BCMR | CY2002 | 2002076323C070215
Original file (2002076323C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 November 2002
         DOCKET NUMBER: AR2002076323

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Lester Echols Member
Mr. Thomas Lanyi Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That he be awarded the Good Conduct Medal (GCM) and the Army Service Ribbon (ASR).

APPLICANT STATES: He would have completed his enlistment if it had not been for his physical disability. He would like these awards added to his separation document as recognition of his service to his country.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army on 13 October 1976 and was honorably discharged on 4 November 1976 due to failure to meet procurement medical fitness standards (flat feet).

His separation document lists no awards or decorations.

Army Regulation 600-8-22 states, in pertinent part, that effective 1 August 1981, an individual is qualified for the Army Service Ribbon after completion of a military occupational specialty (MOS) producing course. Officers are normally qualified for the award after completion of their basic/orientation or higher level course. An individual whose MOS is based on skills acquired in another service or in civilian training is qualified after 4 months active duty. The award may be granted retroactively to those who qualified prior to 1 August 1981 only if they had an active Army status after that date.

This regulation also provides that any one of the following periods of continuous enlisted active Federal military service qualifies for award of the GCM or of a GCM Clasp:

- a. Each 3 years completed on or after 27 August 1940.

- b. For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946.

- c. For first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.

- d. For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.

- e. For first award only, for those individuals who died before completing 1  year of active Federal military service if the death occurred in the line of duty.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. Since the applicant served prior to the creation of the Army Service Ribbon, and he did not serve one year, there is no basis on which to give him that award.

2. As for the GCM, since the applicant did not serve the minimum qualifying period of 1 year, there is no basis on which to give him that award either.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___fne___ ___le ___ ___tl____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002076323
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021121
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.



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