PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          8 November 2001
	DOCKET NUMBER:   AR2001060855

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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, in effect, that all of his awards be added to his separation document (DD Form 214). 

3.  The applicant states, in effect, that the awards he earned failed to appear in his separation document. 

4.  The applicant’s military records show that he entered active duty in the Regular Army on 11 August 1998.  He served on active duty for 3 years until being honorably separated on 10 August 2001, at the completion of his required active service. 

5.  The applicant’s record confirms that the highest rank he attained on active duty was specialist/E-4 (SPC/E-4).  It also shows that during his active duty tenure he was awarded three (3) separate awards of the AAM for meritorious achievement.  The record contains no derogatory information or disciplinary history that would have precluded him from receiving any authorized service awards.  

6.  The DD Form 214 issued to the applicant on the date of his separation lists only the Army Service Ribbon in block 13 (decorations, medals, badges, citations, and campaign ribbons awarded or authorized).  

7.  In support of his application, the applicant has provided the following three Army Achievement Medal (AAM) award orders:  99-321-015; 00-060-006; and 00-173-019 with certificates.  They confirm that he earned AAMs for exceptional achievement from 15 to 18 October 1999, 28 February to 10 March 2000, and 
1 to 30 June 2000.  

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, or release from active duty service or control of the active Army.  It also establishes the policy for preparing and distributing the DD Form 214.  Paragraph 2-4 contains DD Form 214 preparation instructions.  It states that all awards and decorations will be listed in block 13 in the order of precedence outlined in Army Regulation 600-8-22.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-10 contains guidance on awarding the National Defense Service Medal (NDSM) and states, in pertinent part, that the award is authorized to any member for any period of honorable service performed after 2 August 1990. 

10.  Chapter 4 prescribes the policy for award of the AGCM.  Paragraph 4-4, gives the specific criteria for approval of the AGCM.  It states, in pertinent part, that it is the immediate commander’s decision to award the AGCM based on his personal knowledge of the individual and on the individual’s official records.  It further states that the lack of official disqualifying comment by previous commanders allows that period of service to qualify for use in awarding the AGCM.

11.  Paragraph 4-5 of the regulation defines periods of service which qualify for award of the AGCM.  It states, in pertinent part, that each 3 year period of continuous enlisted active Federal military service served after 27 August 
1940 as a qualifying period for award of the AGCM.  The available evidence contains no indication that the applicant had committed any infractions that would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his unit commanders.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the awards he received were omitted from his separation document and it finds this claim has merit.  The evidence of record confirms that he received three separate awards of the AAM for meritorious achievement during his active duty tenure that were not included in his separation document.  Thus, the Board finds that it would be appropriate to add them to his record and separation document at this time. 

2.  The DD Form 214 on file verifies that the applicant completed a total 3 years of honorable active military service from 11 August 1998 to 10 August 2001.  Lacking a disqualification from any of his unit commanders and the absence of any derogatory information on file that would preclude him from receiving the award, the Board concludes his service satisfies the qualifying period criteria necessary to be awarded the AGCM.  Thus, it concludes that it would be appropriate to award him the AGCM for his 3 year period of honorable service.

3.  In addition, the applicant clearly served honorably on active duty during a period after 2 August 1990.  Therefore, he should have received the NDSM while he was still on active duty and the Board finds it would be appropriate to provide it to him and add it to his record at this time.  

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned earned the National Defense Service Medal, Army Good Conduct Medal for his 3 year period of honorable service from 
11 August 1998 to 10 August 2001, and three (3) awards of the Army Achievement Medal for meritorious achievement during his active duty tenure; and by providing him a corrected separation document that includes these awards. 

BOARD VOTE:  

__FNE __  __BJE__  __KYF __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

	___Fred N. Eichorn  __
		    CHAIRPERSON

INDEX

CASE ID	AR2001060855	
SUFFIX		
RECON		
DATE BOARDED	2001/11/08	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2001/08/10	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0100	
2.		
3.		
4.		
5.		
6.