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ARMY | BCMR | CY2004 | 040003228C070208
Original file (040003228C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 MARCH 2005
      DOCKET NUMBER:  AR20040003228


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jonathon Rost                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his record to show award of the
Army Commendation Medal and issue of the certificate reflecting that award.

2.  The applicant states that he has a DA Form 638 (Recommendation for
Award) showing an order number, but neither the DA Form 638 or the
certificate was signed by the approving official.  The award was one of the
awards given upon his departure from his organization (permanent change of
station).  He worked hard for the award.  The award was improperly
processed because his supervisor at that time lost the recommendation, and
her replacement tried to correct the error.  During this process many
errors were made.  He states that the award was received while he was
stationed in Korea, 13 months after he left Walter Reed Army Medical Center
(WRAMC).  The time period of the award should be from 10 August 1994 to 16
June 2000.

3.  The applicant provides a copy of an unsigned certificate, a copy of a
         DA Form 638, and copies of correspondence between a chief warrant
officer, the applicant’s supervisor while he was assigned to Womack Army
Medal Center at Fort Bragg, North Carolina, and a colonel, who was the
applicant’s brigade commander when he was assigned to WRAMC.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for 6 years on 30 June 1993.  The
applicant’s complete assignment history thereafter is unavailable.  At the
time of his application, he was on active duty.

2.  On 17 August 2001 a noncommissioned officer (NCO) recommended that the
applicant be awarded the Army Commendation Medal for meritorious service
while assigned as a biomedical equipment repair technician at WRAMC from
10 August 1994 through 16 June 2000.  On 24 August 2001 the Headquarters
Company commander recommended approval.  The name, rank, and position of
the approval authority, the above-mentioned colonel, was typed in the
appropriate block items on the recommendation, but unsigned.  The brigade
adjutant, however, signed the recommendation as the orders approving
authority, on 30 August 2001, issuing a permanent order number.

3.  The unsigned certificate for the award reflects the same above-
mentioned permanent order number, and the same period of the award in the
narrative therein; however, the period shown immediately after the
narrative shows from 10 August 2001 to 16 June 2001, an obvious distortion
of the award period.  The above-mentioned colonel’s name, rank, and
position were typed on the certificate, but as indicated above, the
certificate was unsigned.

4.  The above-mentioned colonel in correspondence with the chief warrant
officer stated that he took command on 11 July 2000 [after the applicant
departed WRAMC] and the adjutant arrived a few weeks later, and that
obviously there was a lot of transition during the period.  The colonel
questioned the validity of the DA Form 638, and stated that his experience
indicates that something caused the award not to be accepted or approved.
He stated that he did not have the authority to sign the certificate at
this late date.

5.  During the period the applicant was apparently assigned to WRAMC as
reflected in the above recommendation, he received two awards of the Army
Good Conduct Medal, two certificates of achievement, one certificate of
commendation, three Army Achievement Medals, and three Army Commendation
Medals for achievement, one for rendering immediate aid to five personnel
involved in an automobile accident.  He was promoted to sergeant while
assigned to WRAMC.

DISCUSSION AND CONCLUSIONS:

1.  It appears that at the time the applicant departed WRAMC, an award
recommendation was either lost, as the applicant contends, or his services
for the period of his assignment to WRAMC inadvertently overlooked.

2.  In August 2001 the officials then assigned to his former organization,
attempted to amend this oversight, recommending him for the Army
Commendation Medal for meritorious service.  Unfortunately, in so doing,
they skipped the newly assigned approval authority, neglecting to obtain
his signature on the recommendation.  The newly assigned adjutant, however,
issued the order for the award, and the certificate was prepared, however
erroneously and without being signed.

3.  The evidence shows that the applicant was deserving of the award of the
Army Commendation Medal for meritorious service during the period 10 August
1994 to 16 June 2000, as reflected in the above recommendation.  The order
was issued.  Notwithstanding the concerns of the above-mentioned colonel,
the applicant’s records should be corrected to show that award.

4.  In this respect, the DA Form 638 should be corrected by entering a
remark in item 26 to show that the recommended award was approved by this
Board on the date of the Board action.
5.  By the same token, the applicant should be issued a certificate
awarding him the Army Commendation Medal, and reflecting the identical
information contained on the prepared, unsigned certificate, less the
erroneous dates (from 10 August 2001 to 16 June 2001), and the name, rank,
and position of the authority (the above-mentioned colonel) shown on that
certificate.  The certificate should be prepared and authenticated by the
Awards Branch, Human Resources Command.

BOARD VOTE:

___RW__  ___JM __  ___JR___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  entering in item 26 of the DA Form 638 that this Board approved
the   17 August 2001 recommendation on the date of the Board action;

      a.  showing that he was awarded the Army Commendation Medal for
meritorious service for the period 10 August 1994 to 16 June 2000; and


      c.  issuing to the applicant a certificate as depicted above awarding
him the Army Commendation Medal.





                                  ____ Raymond Wagner______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003228                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050315                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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