RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           25 August 2005
      DOCKET NUMBER:   AR20040009663


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Baker                |     |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 DD Form 214 (Certificate of
Release or Discharge From Active Duty) to show the second award of the Good
Conduct Medal, the Korea Defense Service Medal, and a third award of the
Army Commendation Medal.

2.  The applicant states, in effect, that these awards are missing from his
DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he enlisted in the Regular Army on 23
July 1997 and trained in Military Occupational Specialty 54B10 (Chemical
Operations Specialist).  He served at Fort Drum, New York and also served a
1-year tour of duty in Korea.  The applicant completed his enlistment and
was honorably separated on 1 August 2003 in pay grade E-6, having served a
total of 6 years, and 9 days of continuous active duty.

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows that he is
entitled the following awards: the Army Commendation Medal (2d award); the
Army Achievement Medal (2d award); the Army Good Conduct Medal; the
National Defense Service Medal; the Noncommissioned Officer’s Professional
Development Ribbon with Numeral 2; the Army Service Ribbon; the Overseas
Service Ribbon; the Driver and Mechanic Badge; the Sharpshooter
Marksmanship Badge with Grenade Bar; the Marksman Marksmanship Badge with
Rifle Bar; the Air Assault Badge; and, the Army Lapel Button.  No other
awards or decorations are listed.

3.  Army Regulation 600-8-22 (Military Awards) 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.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.

4.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

5.  There are no orders, certificates, or other form of evidence that shows
the applicant was awarded a third Army Commendation Medal.  There are no
entries in his personnel records that show award of a third Army
Commendation Medal.  The applicant has not provided any evidence that shows
he was awarded a third Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no indication that the applicant’s commander ever intended to
disqualify the applicant of award of the second award of the Good Conduct
Medal.  There is no record of indiscipline in the applicant’s military
personnel records.  To the contrary, his records show that he received
numerous decorations for outstanding performance of duty and was promoted
to pay grade E-6 after less than 5 years of service.  It is apparent that
the absence of the second award of the Good Conduct Medal was an
administrative error and it would be in the interest of justice to correct
the error at this time by awarding the applicant the second award of the
God Conduct Medal and correcting his records to show this award.

2.  Evidence of record shows the applicant is entitled to the Korea Defense
Service Medal.  Therefore, he is entitled to correction of his records to
show this service medal.

3.  There is no evidence, and the applicant has not provided any evidence,
that shows he received a third award of the Army Commendation Medal.
Therefore, he is not entitled to correction of his records to show this
decoration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___mkp__  ___reb__  ____lmb__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

      a. the second award of the Good Conduct Medal; and,


      b. the Korea Defense Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of a third Army Commendation Medal.




            ____Margaret K. Patterson________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009663                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2000825                                 |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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