PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           12 December 2002                   
	DOCKET NUMBER:   AR2002071694

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold  		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 DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that he received a 4th award of the Army Commendation Medal, (ARCOM).

3.  The applicant states that the award was presented to him on 14 June 1997, approximately one month after his release from active duty.  Because of the delay, it was not recorded on his DD Form 214.

4.  In support of his request, the applicant submits a copy of an ARCOM Certificate approved on 11 June 1997 showing him as the recipient and a copy of his DD Form 214.

5.  The applicant’s military records show that he was released from active duty on 16 May 1997, in the grade of first lieutenant after 4 years and 8 days of active duty.  His awards include the ARCOM (3rd award), the Army Achievement Medal (2nd award), the National Defense Service Medal, the Army Service Ribbon and the Parachutist Badge.

6.  The ARCOM Certificate provided by the applicant shows that the award covered the period 4 September 1996 to 16 May 1997, and was approved and signed on 11 June 1997, by the 82nd Field Artillery Commander.  Permanent Order #150-1, 11 June 1997, authenticated the award.

7.  The applicant’s record contains copies of two other ARCOM Certificates for earlier periods of service and his Officer Record Brief shows that he was awarded the ARCOM with 3rd Oak Leaf Cluster.

8.  Army Regulation 600-8-22, Military Awards, provides that award certificates will be issued without reference to numbered oak leaf clusters.

CONCLUSIONS:

1.  While certificates of all three previous ARCOM’s were not available in the file, the evidence of record appears to support the applicant’s contention that he was awarded the ARCOM with 3rd Oak Leaf Cluster (4th award) and that the award was not approved until after his separation, therefore it was not included on his DD Form 214.

2.  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 that the individual concerned was awarded the ARCOM with 3rd Oak Leaf Cluster.

BOARD VOTE:  

___rwa__  ____bpi__  ____kyf__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Roger W. Able____________
		        CHAIRPERSON

INDEX

CASE ID	AR2002071694	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021212	
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.