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ARMY | BCMR | CY2002 | 2002082226C070215
Original file (2002082226C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002082226


         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas B. Redfern Member
Mr. Thomas E. O'Shaughnessy 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 that his records be corrected to show he was awarded a Good Conduct Medal for his first period of service.

3. The applicant states, in effect, that he was awarded the Good Conduct Medal on 29 December 1988 prior to his departure from Germany. He states that he lost his copy of his first DD Form 214 (Certificate of Release or Discharge from Active Duty), and that the Good Conduct Medal was not reflected on his DD Form 214 for his subsequent period of service.

4. The applicant’s military records show that he enlisted in the Army Reserve (USAR) on 20 November 1986 and entered active duty on 18 February 1987. He completed basic combat training, advanced individual training, and served in Germany. He was released from active duty and transferred to the USAR Control Group on 14 February 1989 in the pay grade of E-4. A copy of the DD Form 214 for this period is not of record.

5. The applicant’s Personal Qualification Record (DA Form 2-1) shows that he was authorized award of the Army Service Ribbon, Army Achievement Medal, the Marksman Badge with Rifle Bar, and the Sharpshooter Badge with Grenade Bar. It also shows that he completed a normal tour of duty in Germany.

6. The applicant reenlisted in the Regular Army on 23 July 1991. He was released from active duty, on 20 August 1991, and transferred back to the USAR Control Group, for failure to meet physical fitness standards, under the Entry Level Separation program.

7. The DD Form 214 issued at that time shows the applicant’s awards as the Army Service Ribbon, Army Achievement Medal, the Marksman Badge with Rifle Bar, and the Sharpshooter Badge with Grenade Bar.

8. 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. The normal period is 3 years. However, for first award only, a Good Conduct Medal is authorized upon termination of a period of Federal military service of more than one year but less than three years of service.

9. Army Regulation 600-8-22 also shows that the Secretary of the Army established the Overseas Service Ribbon on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.



CONCLUSIONS:

1. The Board finds no evidence that would have precluded the applicant from receiving the Good Conduct Medal. Therefore, the Board concludes that it is in the interest of justice to show that the applicant was authorized and awarded the Good Conduct Medal for his period service from 18 February 1987 through 14 February 1989.

2. The applicant met the requirements for award of the Overseas Service Ribbon and it would be an injustice not to correct his records to show that he was authorized this award.

3. Inasmuch as the 1989 DD Form 214 is not of record the corrections recommended herein should be included on the applicant’s 1991 DD form 214

4. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error or injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show that the applicant was awarded the Good Conduct Medal for his service from 18 February 1987 through 14 February 1989 and the Overseas Service Ribbon.

BOARD VOTE:

__AAO__ __TBR___ __TEO _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Arthur A. Omartian___
                  CHAIRPERSON




INDEX

CASE ID AR2002082226
SUFFIX
RECON
DATE BOARDED 20030401
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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