Mr. Carl W. S. Chun | Director | |
Ms. Rosa M. Chandler | Analyst |
Mr. John N. Slone | Chairperson | |
Ms. Irene N. Wheelwright | Member | |
Mr. Jose A. Martinez | Member |
THE BOARD ADDITIONALLY FINDS:
16. On 7 August 2002, the Military Awards Branch, US Total Army Personnel Command (PERSCOM), while implementing the corrections directed by the Board in its previous Proceedings (docket number AR2002066760), discovered that a mistake of law occurred concerning the applicant's entitlement to award of the Good Conduct Medal (GCMDL). Service as a commissioned officer cannot be used to qualify an individual for award of the GCMDL; only enlisted service may be used to calculate qualifying service. The applicant served only 10 months and 14 days of continuous enlisted active Federal service before being commissioned through Officer Candidate School.
17. Army Regulation 672-5-1 (Military Awards), then in effect, stated that the GCMDL is awarded for continuous enlisted active Federal military service. The basic criteria calls for one award for each 3-year period completed on or after 27 August 1940. For the first award only, the GCMDL may be awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The GCMDL may only be awarded upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability or death incurred in line of duty.
THE BOARD ADDITIONALLY CONCLUDES:
6. Through a mistake of law, the applicant was erroneously credited with sufficient continuous enlisted active Federal service to qualify for award of the GCMDL. The applicant served less than 1 year of enlisted service and does not have sufficient continuous enlisted service to qualify for award of the GCMDL.
THE BOARD RECOMMENDS:
That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the Proceeding AR2002066760, dated 2 July 2002, to show that the individual is not entitled to award of the GCMDL.
BOARD VOTE:
__jns___ __inw___ __jam___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
John N. Slone
______________________
CHAIRPERSON
CASE ID | AR2002077074 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020815 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | (GRANT) |
REVIEW AUTHORITY | |
ISSUES 1. | 107.0056 |
2. | |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2002 | 2002066573C070402
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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. Army regulatory guidance (AR 600-8-22) requires a minimum of one year of enlisted service to qualify for the first award of the GCMDL.
ARMY | BCMR | CY2001 | 2001064798C070421
The applicant’s military records show that he was inducted into the Army on 11 December 1963. At the time of the applicant’s separation, it required entering a soldier’s SSN in item 32 of the DD Form 214. That the applicant’s DD Form 214:
ARMY | BCMR | CY2002 | 2002068459C070402
The applicant’s military records show he enlisted on 27 February 1970. The evidence of record shows that the applicant was authorized to perform TDY for 23 days in Korea while serving in Okinawa. Therefore, he is not entitled to correction of item 30 (Remarks) of his DD Form 214 to show his 23 days of TDY in Korea.
ARMY | BCMR | CY2002 | 2002071411C070402
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. In provides for award of the Purple Heart to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The evidence of record shows the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 4 March 1969 – 3 March 1971.
ARMY | BCMR | CY2005 | 20050002105C070206
Therefore, absent more conclusive and specific evidence to show that he was wounded as a result of enemy action and that the treatment was made a matter of record, there appears to be no basis to award him the Purple Heart at this time. The applicant has also failed to show through evidence submitted with his application or the evidence of record that he ever held the MOS of an infantryman or that he was ever assigned to an infantry unit that engaged the enemy in combat in that capacity. ...
ARMY | BCMR | CY2001 | 2001060576C070421
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. He was entitled to award of the Army of Occupation Medal (Japan) (AOM (J)), the Korean Service Medal (KSM) with 5 bronze service stars, and the Republic of Korea Presidential Unit Citation (ROK PUC). The evidence of record shows the applicant is entitled to award of the GCMDL for the period 12 July 1948 to 11...
ARMY | BCMR | CY2002 | 2002072581C070403
The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL. The regulation also requires that commanders notify individuals in writing of reasons they will be disqualified for award of the GCMDL and will be afforded to the opportunity to submit matters in their own behalf before they are disqualified for such an award. ...
ARMY | BCMR | CY2002 | 2002072960C070403
His DA Form 20, item 38, Record of Assignments, shows that his conduct and efficiency were rated as excellent throughout his service. Although the applicant's DA Form 20 shows that he was twice a patient while in Vietnam, there is no evidence to show he was a patient because he was wounded in action; therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart. Although the applicant had a record of accepting nonjudicial punishment early...
ARMY | BCMR | CY2002 | 2002069652C070402
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. The applicant states that his DD Form 214 does not show any of his Vietnam service medals. The evidence of record shows the applicant met the award criteria for award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with device 1960, and the Republic of...
ARMY | BCMR | CY2002 | 2002069790C070402
The evidence of record shows the applicant met the eligibility criteria for award of the Army Good Conduct Medal. There is no evidence of record to show the applicant was wounded in action. That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Army Good Conduct Medal for the period 23 June 1969 – 25 March 1971.