PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  13 June 2000
	DOCKET NUMBER:  AR2000037903

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John H. Kern		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show that he retired in the rank of master sergeant (MSgt), pay grade E-7; that he was awarded a Good Conduct Medal (GCMDL) and a Combat Infantryman Badge (CIB); and, that he served in Korea during the period 1950 to 1951.

3.  The applicant states that the above items are not shown on his DD Form 214, dated 31 August 1965.

4.  The applicant’s military records show that he reenlisted on 5 December 1963, after serving for 18 years, 3 months and 6 days.  At the time of his reenlistment, his records indicated he had been awarded the GCMDL with 2 Oak Leaf Clusters for the period ending 21 July 1962.

5.  The applicant’s records show that he was awarded the CIB for his service in Korea.  The award was announced by Special Order Number 229, 65th Infantry.

6.  On 31 August 1965, the applicant was honorably separated as a MSgt (E-7) and placed on the Retired List on 1 September 1965.  His DD Form 214 indicates he had 20 years and 2 days of creditable service.

7.  Army Regulation 635-5 (Personnel Separation Documents), then in effect, indicated, in pertinent part, that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

8. Army Regulation 600-8-22 provides that the GCMDL 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 GCMDL, disqualification must be justified.  

CONCLUSIONS:

1.  The evidence of record shows he was retired in the rank and grade of MSgt (E-7) and there is no error.

2.  The Board notes the individual concerned met the eligibility requirements for award of the GCMDL for the period 22 July 1962 to 21 July 1965 and his records should be corrected accordingly.

3.  The applicant’s award of the CIB was documented by special orders; therefore, his records should be corrected accordingly.

4.  At the time of preparation, only those awards authorized during the period of the report were authorized or required to be entered on the DD Form 214.

5.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing the individual concerned was awarded the GCMDL for the period 22 July 1962 to 21 July 1965;

	b.  by showing the individual concerned was awarded the CIB by Special Order 229, 65th Infantry; and,

c.  by issuing to him a DD Form 215, Correction to DD Form 214, correcting his DD Form 214 dated 31 August 1965 to reflect the award of the GCMDL with three Oak Leaf Clusters and the CIB.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

________  ________  ________ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000037903	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000613	
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	Prom/GCMDL/CIB/etc	
2.		
3.		
4.		
5.		
6.