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Decision Text

ARMY | BCMR | CY2002 | 2002077074C070215
Original file (2002077074C070215.rtf) Auto-classification: Approved
SUPPLEMENTAL PROCEEDINGS



         IN THE CASE OF:



         BOARD DATE: 15 August 2002
         DOCKET NUMBER: AR2002077074


         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. A quorum was present during the further consideration and deliberation. The findings appearing in proceedings dated 2 July 2002 were affirmed. The following additional findings, conclusions, and recommendation were adopted by the Board.

Mr. Carl W. S. Chun Director
Ms. Rosa M. Chandler Analyst

         The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 2 July 2002.

Mr. John N. Slone Chairperson
Ms. Irene N. Wheelwright Member
Mr. Jose A. Martinez Member


         The applicant and counsel, if any, did not appear before the Board.

         The Board considered the following additional evidence:

         Exhibit







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



INDEX

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.

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