PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           06 JUNE 2002                   
	DOCKET NUMBER:   AR2002068242

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O’Shaughnessy , Jr.		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 reconsideration of his previous request to have his records corrected to reflect award of the Silver Star.  While he submitted a copy of his Silver Star citation as evidence of the award with his initial application, he now submits a copy of orders confirming the award.

3.  The submission of orders awarding the applicant the Silver Star constitutes new evidence which requires consideration by the Board.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case (AR2001061927) on 10 January 2002.

4.  Evidence now before the Board indicates the applicant was awarded the Silver Star for his heroic actions on 22 June 1970.  Orders issued by the 1st Cavalry Division on 1 September 1970 confirmed the award.  The award was, however, omitted from the applicant's 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

5.  The applicant's records also indicate that he was awarded a Sharpshooter Qualification Badge with "rifle" and "automatic rifle" bars, a Marksmanship Qualification Badge with "pistol" bar, and an Expert Qualification Badge with "mortar" bar, which were omitted from his separation document.  The badges were awarded while the applicant was undergoing Advanced Individual Training at Fort Benning, Georgia.

6.  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 Good Conduct Medal, disqualification must be justified.  

7.  The applicant completed a qualifying period for award of the Good Conduct Medal on 5 July 1970, when he was released from active duty with an honorable characterization of service.  His conduct and efficiency ratings throughout his military service were excellent and he attained the grade of Staff Sergeant (pay grade E-6) in December 1969.  There is no evidence of any misconduct in the applicant's file and no evidence which would serve as a basis to deny him the award.

8.  Army Regulation 635-5 states that a DD Form 214 will not be reissued unless two DD Forms 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty) have been issued and an additional correction is required.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Silver Star for his heroic actions on 22 June 1970.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant was awarded a Sharpshooter Qualification Badge with "rifle" and "automatic rifle" bars, a Marksmanship Qualification Badge with "pistol" bar, and an Expert Qualification Badge with "mortar" bar, which were omitted from his separation document.  It would be appropriate to add those badges to the applicant's separation document.

3.  The applicant completed a qualifying period of service for award of the Good Conduct Medal on 5 July 1970.  There is no evidence in available records which would serve as a basis to deny him the award.  As such, the Board concludes that it would be appropriate, and in the interest of justice, to award the applicant the Army Good Conduct Medal for the period 17 July 1968 through 5 July 1970.

4.  Because of the significant addition of awards to the applicant's 1970 DD Form 214, the Board concludes, for clarification purposes, it would be appropriate, and in the interest of justice, as an exception to policy to issue the applicant a new DD Form 214 reflecting the additional awards authorized in this action and the Board's original January 2002 action, rather than correct his records by issuing a second DD Form 215.

5.  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:

a.  by showing that the individual concerned was awarded a Silver Star;

b.  by showing that he was awarded a Sharpshooter Qualification Badge with "rifle" and "automatic rifle" bars, a Marksmanship Qualification Badge with "pistol" bar, and an Expert Qualification Badge with "mortar" bar; 

c.  by awarding him the Army Good Conduct Medal for the period 17 July 1968 through 5 July 1970; and

d.  by issuing him a new DD Form 214 incorporating the awards authorized in this action and by the Board's January 2002 action.

BOARD VOTE:  

__SK ___  __JTM __  __TEO  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Stanley Kelley_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068242	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020606	
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.	107.00	
2.		
3.		
4.		
5.		
6.