PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            11 June 2002
	DOCKET NUMBER:   AR2002066979

	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	
	Mr. Roger W. Able		Member	
	Mr. Richard T. Dunbar		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 the third (3rd) award of the Army Achievement Medal (AAM) be added to his records.   

3.  The applicant states, in effect, that he received the 3rd award of the AAM for meritorious service, from 7 October 1998 through 2 April 1999, and that this award was erroneously omitted from his separation document (DD Form 214).  In support of his application, he provides a copy of a Recommendation for Award (DA Form 638), dated 31 March 1999.

4.  The applicant’s military records show that he served on active duty in the Regular Army for 7 years, 10 months, and 18 days, from 21 March 1994 through 8 February 2002, at which time he was honorably discharged at the completion of his required active service.  

5.  The DD Form 214 issued to the applicant on the date of his separation,
8 February 2002, confirms, in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure:  Army Lapel Button; Army Commendation Medal; Army Good Conduct Medal (2nd Award); National Defense Service Medal; Humanitarian Service Medal; Noncommissioned Officer’s Professional Development Ribbon; Army Service Ribbon; Driver and Mechanic Badge with Driver Bar; and AAM (2nd Award).  The 3rd award of the AAM in question was not included in the list of authorized awards contained in this separation document.  

6.  The DA Form 638, dated 31 March 1999, provided by the applicant, confirms that he was recommended for the 3rd Award of the AAM, for meritorious service, for the period 7 October 1998 through 2 April 1999.  Item 26 (Approval Authority) contains the following blocks giving the approval authority the options indicated:  “approved”; “disapproved”; “recommend upgrade to”; and “downgrade to.”  In this case, the approval authority placed an “x” in the “approved” block, and the other blocks containing other options were left blank, which indicates that the recommended award was approved. 

7.  Part V (Orders Data) of the DA Form 638, contains entries in Items 27a (Orders Issuing HQ) and 27b (Permanent Orders Number) which confirm that based on this award recommendation, Headquarters, 187th Medical Battalion, 
Fort Sam Houston, Texas, issued Orders Number 091-1, awarding the applicant the recommended award.  Item 28d (Signature) contains the signature of the Orders issuing official.  However, Item 29 (Approved Award) of Part V was left blank and did not specifically indicate that the AAM was in fact the award authorized by these Orders.  

CONCLUSIONS:

1.  The evidence of record confirms that the applicant was recommended for the 
3rd award of the AAM in a DA Form 638, dated 31 March 1999.  This document confirms, in Item 26 (Approval Authority), that the proper authority approved the recommended award.  In addition, Part V (Orders Data) confirms that orders were issued authorizing the recommended award to the applicant.

2.  The Board notes that the Item 29 (Approved Award), Part V (Orders Data) of the DA Form 638 was left  blank.  However, based on the portions of the form completed by the proper approval authority and orders issuing official, which verify that the recommended award was approved and orders were published authorizing the award, it is clear to the Board that Item 29 was left blank due to an administrative oversight.  Therefore, it concludes that it would be appropriate at this time to correct the applicant’s record to show he was awarded the Army Achievement Medal (3rd Award), for meritorious service, for the period 7 October 1998 through 2 April 1999.  

3.  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 was awarded the Army Achievement Medal (3rd Award), for meritorious service, for the period 7 October 1998 through 2 April 1999; and by issuing him a corrected separation document that includes this award. 

BOARD VOTE:  

__FNE__  __RWA__  __RTD___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2002066976	
SUFFIX		
RECON		
DATE BOARDED	2002/06/11	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2002/02/08	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  71	107.0025	
2.		
3.		
4.		
5.		
6.