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ARMY | BCMR | CY2006 | 20060007911C070205
Original file (20060007911C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 NOVEMBER 2006
      DOCKET NUMBER:  AR20060007911


      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. Rene' R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 that his July 1990 separation document be
corrected to reflect award of the Army Good Conduct Medal, completion of
the Unit Organization Supply Clerk Course and that his middle name be
changed from Dean to Dain.

2.  The applicant states his unit did not provide the proper documents at
the time of his separation and now that he has returned to active duty he
would like his record complete.

3.  The applicant provides an original copy of his birth certificate, a
copy of his completion certificate for the supply clerk course, a March
1998 form issuing him the Army Good Conduct Medal and a May 1998 letter
from his Congressional Representative informing him (the applicant) of a
favorable decision on his behalf by the Department of the Army.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant initially entered
active duty as a Regular Army Soldier on 8 July 1987.  He served without
incident until 7 July 1990 when he was released from active duty, in pay
grade E-4, at the completion of his enlistment contract.  His service was
characterized as honorable and his separation document reflects a reentry
code of "1" indicating he was fully qualified for reenlistment at the time
of his separation.

2.  The applicant then continued his military service as a member of the
Army National Guard commencing in October 1990, then in the Individual
Ready Reserve, and ultimately by returning of active duty as a Regular Army
Soldier in 2005.

3.  Documents associated with his initial enlistment in the Regular Army
were not in records available to the Board.  However, subsequent documents,
including those from his service in the Army National Guard, Individual
Ready Reserve, and recent return to service in the Regular Army, all
confirm his middle name is Dain and not Dean as recorded on his 1990
separation document.

4.  In June 1988, just prior to being reassigned to Germany, the applicant
completed a 2 week Unit/Organization Supply Clerk Course at Fort Riley,
Kansas, his home station at the time.  The course was not recorded on his
1990 separation document.


5.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part it
states that item 14 (military education) will list formal inservice
training courses successfully completed during the period of service
covered by title, length in weeks, and month and year completed.  This
information is to assist the soldier after separation in job placement and
counseling; therefore, training courses for combat skills are not listed.

6.  In March 1998 the applicant was furnished a Department of the Army Form
1577 (Authorization for Issuance of Awards) by officials at the Personnel
Support Division in St. Louis which authorized the applicant issuance of an
Army Good Conduct Medal.  The authorization document notes there was
Congressional interest in the matter.  A May 1998 letter from the
applicant's Congressional Representative indicates the representative was
informing the applicant that he was pleased to report that following his
inquiry to the Department of the Army a "favorable" decision was made on
the applicant's behalf.  The details of that decision were not delineated
in the letter.

7.  Army Regulation 600-8-22 provides that the Army 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 Army 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.

8.  In September 2006 the applicant was awarded a second Army Good Conduct
Medal in spite of the fact that his records contained no orders awarding
him a first award.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to confirm the applicant's middle name is
Dain vice Dean.  It would be appropriate to correct his 1990 separation
document accordingly.

2.  The evidence also confirms the applicant completed the
Unit/Organization Supply Clerk Course, a 2 week course, in June 1988.  That
information should also be added to his 1990 separation document.

3.  While issuance of an award via the Department of the Army Form 1577 is
generally not sufficient to confirm entitlement to an award, in this case
there is sufficient evidence to conclude the applicant met the basic
qualifications for the Army Good Conduct Medal upon completion of his
initial enlistment on 7 July 1990.  There is no indication he was ever
disqualified from receiving the award and his separation with an honorable
characterization of service and a reentry code of 1 all suggest that it
would be appropriate, and in the interest of justice, to confirm the
applicant's initial award of the Army Good Conduct Medal for the period 8
July 1987 through 7 July 1990 and to correct his records accordingly.

BOARD VOTE:

___JM __  ___SP  __  ___DP __  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:

      a.  by showing on his 1990 separation document that his middle name is
Dain vice Dean;


      b.  by showing he completed the Unit/Organization Supply Clerk Course,
a 2 week course, in June 1988; and


      c.  by confirming his award of the Army Good Conduct Medal for the
period 8 July 1987 through 7 July 1990.




                                  ______John Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007911                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061128                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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