RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           2 August 2005
      DOCKET NUMBER:  AR20040008772


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, in effect, that his separation document (DD
Form 214) be corrected to show his rank as private first class (PFC) and to
show the award of the Army Achievement Medal (AAM) and the National Defense
Service Medal (NDSM).

2.  The applicant states, in effect, that he was promoted to the rank of
PFC while in transition from active duty.  He also states that he was
awarded the AAM on his last day of active duty service, after his
separation document had been prepared.  He further states he is entitled to
the NDSM, which the President authorized beginning on 11 September 2001.

3.  The applicant provides the following documents in support of his
request:
DD Form 214, Leave and Earning Statement (LES), Recommendation for Award
(DA Form 638) and Department of Defense/Uniformed Services Identification
and Privilege Card.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the
Regular Army and entered active duty on 11 January 2001.  He attended basic
combat training (BCT) at Fort Benning, Georgia.  During BCT, he incurred an
injury to his left hip that ultimately led to his separation, by reason of
physical disability.

2.  The applicant’s DA Form 2-1 shows, in Item 18 (Appointments and
Reductions), that he was advanced to the rank of private two (PV2/E-2) on
11 July 2001.  His Military Personnel Records Jacket (MPRJ) contains no
derogatory information, or unit commander disqualification that would have
precluded him from receiving the Army Good Conduct Medal (AGCM).

3.  On 10 January 2002, the applicant was honorably separated, by reason
of physical disability, with severance pay.  The DD Form 214 he was issued
confirms he completed 1 year of active military service.  Item 4a (Grade,
Rate, or Rank) and Item 4b (Pay Grade) contains entries indicating he held
the rank and pay grade private/E-2 (PV2/E-2).  Item 12h (Effective Date of
Pay Grade) contains an entry indicating his PV2 date of rank was 11 July
2001.
4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the
Army Service Ribbon and Marksmanship Qualification Badge with Rifle Bar and
Grenade Bars during his active duty tenure.

5.  The applicant provides a copy of his final LES which covered the period

1 through 10 January 2002.  This document shows his final pay was based on
the pay grade E-3.

6.  The applicant also provides a copy of DA Form 638.  This document
confirms he was recommended for the AAM, for meritorious achievement during
the period 3 August through 30 December 2001.  It also shows this award was
approved and announced in Headquarters, 1st Battalion, 19th Infantry,
Permanent Orders Number 347-49, dated 18 December 2001.

7.  Army Regulation 600-8-19, prescribed the policies, responsibilities and
procedures pertaining to Enlisted Promotions and Reductions.  Chapter 2
contains the policy for decentralized promotions to PV2, PFC, and
specialist (SPC).  Paragraph 2-3 states, in pertinent part, that promotions
to PFC are automatically made by the Total Army Personnel database (TAPDB).
 It further indicates that the eligibility criteria for automatic promotion
to PFC is 12 months time in service and 4 months time in grade.  Unit
commanders who do not recommend a Soldier be promoted automatically must
submit a Personnel Action (DA Form 4187) denying the promotion not later
than the 20th day of the month preceding the month of automatic promotion.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-10 contains
guidance on award of the National Defense Service Medal.  It states, in
pertinent part, that this award is authorized for honorable active service
during the period 11 September 2001 to a date to be determined.

9.  Chapter 4 of the awards regulation contains guidance on award of AGCM.
It states, in pertinent part, that Soldiers separated by reason of physical
disability, on or after 27 June 1950, with less than one year of service,
are authorized this award if otherwise qualified.  Although there is no
automatic entitlement to the GCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his separation rank should have been
PFC and that he earned and is entitled to the AAM and NDSM were carefully
considered and found to have merit.

2.  The evidence of record confirms the applicant entered active duty on
11 January 2001 and was promoted to PV2 on 11 July 2001.  Therefore, based
on the 1 year time in service and 4 months time in grade requirements for
automatic promotion to PFC, and absent a unit commander denial, he was
promoted to PFC on 10 January 2002, the date of his separation.  Therefore
his separation document should be corrected accordingly.

3.  The evidence of record confirms that the applicant was awarded the AAM
in Headquarters, 1st Battalion, 19th Infantry Permanent Orders Number 347-
49 on 18 December 2001.  Further, by regulation, members serving on active
duty after 11 September 2001, are authorized the NDSM.  Therefore, it would
be appropriate to add these awards to his record and separation document at
this time.

4.  The evidence of record also confirms the applicant was separated by
reason of physical disability, and his MPRJ is void of any derogatory
information or a formal unit commander disqualification that would have
precluded him from receiving the AGCM.  Therefore, it would be appropriate
to award him the AGCM for his qualifying honorable active duty service from
11 January 2001 through
10 January 2002.

BOARD VOTE:

___WDP_  ___RLD _  ___JRM_  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
awarding him the Army Good Conduct Medal; and by amending his 10 January
2002 DD Form 214 as follows:  Item 4a - delete the current entry and
replace it with the entry “PFC”; Item 4b - delete the current entry and
replace it with the entry "E-3"; Item 12h - delete the current entry and
replace it with the entry
“2002  01  10”; and Item 13 - by adding the Army Good Conduct Medal, Army
Achievement Medal and National Defense Service Medal; and by providing him
a corrected separation document that includes these changes.





            ____William D. Powers___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040008772                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2002/01/10                              |
|DISCHARGE AUTHORITY     |AR 635-10                               |
|DISCHARGE REASON        |PHYSICAL DISABILITY                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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