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ARMY | BCMR | CY2005 | 20050018300C070206
Original file (20050018300C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         25 July 2006
      DOCKET NUMBER:  AR20050018300


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 the Meritorious Service Medal
(3rd Award), Army Good Conduct Medal (7th Award), and Korean Defense
Service Medal be added to the list of awards contained in Item 13
(Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or
Authorized) of his
31 October 2003 separation document (DD Form 214).

2.  The applicant states that the Meritorious Service Medal (MSM) he was
awarded for the period 1 November 1993 through 31 October 2003 and the
7th Award of the Army Good Conduct Medal (AGCM) he was entitled to based on
his 21 years of honorable active duty service were erroneously omitted from
the list of awards contained in Item 13 of his final DD Form 214.  He also
claims that he is entitled to the KDSM based on his service in Korea from 1
September 1984 through 15 May 1988.

3.  The applicant provides the following documents in support of his
application:  DD Form 214, dated 31 October 2003; Recommendation for Award
(DA Form 638), dated 16 June 2003; Permanent Change of Station (PCS) Orders
to and from Korea, and Retirement Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record confirms that he enlisted in the Regular Army
and entered active duty on 26 October 1982.  he was trained in, awarded and
served in military occupational specialty (MOS) 95B (Military Police), and
the highest rank he attained while serving on active duty was staff
sergeant (SSG).

2.  The applicant's Enlisted Records Brief (ERB), dated 13 June 2003, shows
that he completed 44 months of service in Korea from 3 September 1984
through
16 May 1988.  It also shows that during his active duty tenure, he earned
the following awards:  MSM (2); Army Commendation Medal (ARCOM) 3rd Award,
Army Achievement Medal (AAM) 6th Award; Meritorious Unit Commendation
(MUC); Joint Meritorious Unit Award (JMUA); Driver and Mechanic Badge with
"W" (Driver) Bar; United States Army Recruiter Badge; Overseas Service
Ribbon; Army Service Ribbon (ASR); National Defense Service Medal (NDSM)
2nd Award; Noncommissioned Officer Professional Development Ribbon (NCOPDR)
with Numeral 2; AGCM 6th Award; and Expert Qualification Badge with Pistol
and Grenade Bars.

3.  The applicant's Official Military Personnel File (OMPF) contains two
MSM certificates, which show the applicant received two awards of the MSM
for the following periods:  20 August 1990 through 16 August 1993; and 1
November 1993 through 31 October 2003.  There are no other documents on
file in the OMPF indicating that he received a 3rd award of the MSM.

4.  The applicant's OMPF is void of any derogatory information, or of a
unit commander disqualification that would have precluded him from
receiving the
7th Award of the AGCM, for the period 26 October 2000 through 25 October
2003.

5.  On 31 October 2003, the applicant was honorably released from active
duty for retirement.  The DD Form 214 he was issued shows that during his
active duty tenure, he earned the following awards: MSM (2); ARCOM (3);
AAM (6); MUC ; JMUA; Driver and Mechanic Badge with "W" (Driver) Bar;
United States Army Recruiter Badge; Overseas Service Ribbon; ASR;
NDSM (2); NCOPDR (2); AGCM (6); and Expert Qualification Badge with Pistol
and Grenade Bars.

6.  The applicant provides a DA Form 638 that confirms he was awarded the
MSM for his meritorious service from 1 November 1993 through 31 October
2003.  The award was announced in United States Army Infantry Center,
Fort Benning, Georgia Permanent Orders Number 195-1872, dated 14 July 2003.
He also provides PCS to and from Korea, and retirement orders.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains item-by-item preparation instructions for the DD
Form 214.  It states, in pertinent part, to list awards and decorations for
all periods of service in priority sequence.  It further stipulates that
each entry will be verified by the Soldier's records.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 prescribes the
policy for award of the AGCM.  It states, in pertinent part, that the AGCM
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, in which case a period of more than 1 year is a qualifying period.
 Although there is no automatic entitlement to the AGCM, disqualification
must be justified.

9.  The Secretary of Defense approved the implementing instructions and
criteria for the KDSM on 3 February 2004.  The KDSM is authorized to
members of the Armed Forces who have served on active duty in support of
the defense of the Republic of Korea from 28 July 1954 to a date to be
determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the 7th Award of the
AGCM and to the KDSM were carefully considered and found to have merit.
However, there is insufficient evidence to add an additional award of the
MSM to the list of awards contained on his separation document.

2.  By regulation, the AGCM is authorized for each 3 year period of
qualifying honorable active duty service.  In this case, the last AGCM
awarded the applicant was the 6th Award and it covered the period 26
October 1997 through
25 October 2000.  Absent any derogatory information or a unit commander
disqualification on file in his OMPF, it would be appropriate to award him
the
7th Award of the AGCM, for the qualifying period of honorable active duty
service from 26 October 2000 through 25 October 2003.

3.  The Secretary of Defense approved award of the KDSM to members who
served on active duty in support of the defense of the Republic of Korea
from
28 July 1954 to a date to be determined.  The evidence of record confirms
the applicant served in Korea for 44 months from 3 September 1984 through
16 May 1988.  Therefore, he is entitled to the KDSM and it would be
appropriate to add it to his record and separation document at this time.

4.  The applicant's OMPF contains an MSM Award Certificate that confirms he
was awarded the MSM for meritorious service from 20 August 1990 through
16 August 1993.  It also contains a second MSM Award Certificate that
verifies he was awarded the MSM for meritorious service from 1 November
1993 through
31 October 2003, which is the period of service covered by the retirement
award documented on the DA Form 638 he provided.  His OMPF is void of any
orders or certificates that verify he received a third award of the MSM.
Thus, there is insufficient evidence to support adding the 3rd award of the
MSM to his
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___ALR _  __LMD__  ___PMT    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 awarding him the 7th Award of the Army Good
Conduct Medal, for his qualifying period of honorable active duty service
from 26 October 2000 through
25 October 2003; by showing he is entitled to the Korean Defense Service
Medal; and by providing him a correction to his separation document that
includes these awards.

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
adding a 3rd Award of the Meritorious Service Medal to his record and
separation document.




                                  _____Allen L. Raub________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050018300                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20063/10/31                             |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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