PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           13 March 2001                  
	DOCKET NUMBER:   AR2000043395

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Donald P. Hupman		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 he be awarded the Good Conduct Medal, the Humanitarian Service Medal (HSM) and the Army Achievement Medal (AAM)             (2nd award).

3.  The applicant states that at the time of his discharge he did not know he was authorized the award of the Good Conduct Medal.  He was under the assumption that he needed to have 3 years continuous active federal service.  Just prior to his separation he was awarded the HSM and the AAM (2nd award).

4.  In support of his request, he has provided a copy of his DD Form 214 (Separation Document), a copy of correspondence indicating he was eligible for the HSM and a copy of the certificates that indicate he was twice awarded the AAM.

5.  The applicant’s military records were not available.  The information herein was provided by the applicant.

6.  His separation document indicates that he last entered active duty in the Regular Army on 3 October 1996 after 4 years of prior active service, was trained as an 88M (Motor Transport Operator), and achieved the rank of specialist.  He was discharged honorably on 29 August 1998, to Enter Officer Training Program.

7.  His awards included the AAM, the National Defense Service Medal, the Army Service Ribbon, the Marine Corps Good Conduct Medal and the Sea Service Deployment Ribbon.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Good Conduct Medal (AGCM) is awarded for exemplary behavior, efficiency and fidelity for a specific period of service, normally 3 years.  The enlisted person must be recommended for the award and it must be announced in general orders.

9.  The same regulation provides that  the first award only of the AGCM, may be made upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.

10.  The same regulation provides that the HSM is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  

11.  The awards regulation provides that the AAM is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation, who while serving in any capacity with the Army in a noncombat area on or after 1 August 1981, distinguished himself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.

CONCLUSIONS:

1.  The governing regulation allows for the first award of the AGCM to soldiers with less than three years of service on their initial tour only.  Since we have no records to show that the applicant’s prior 4 years of active service met the criteria for the AGCM, the Board cannot award the AGCM for that period of his service.  Furthermore, since the period for which he seeks the AGCM is less than the mandatory 3 years and is not his first term of service, he is not entitled to award of the AGCM for that period of service either.

2.  The correspondence and certificates indicate that the applicant was awarded the HSM and a second award of the AAM.  Based on the evidence provided, the Board believes that the applicant is entitled to have his records corrected to reflect the award of the HSM and the AAM with 1st Oak Leaf Cluster.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the HSM and the AAM with 1st Oak Leaf Cluster: and

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

BOARD VOTE:  

__jh____  ____jtm__  ___dph__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________June Hajjar_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043395	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010313	
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.	107.0025	
2.	107.0056	
3.	107.0075	
4.		
5.		
6.