PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 October 2002
	DOCKET NUMBER:   AR2002073824

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, 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, in effect, that his records be corrected to show that he possessed the additional skill identifier (ASI) of R3 and that he be awarded the Good Conduct Medal (GCMDL). 

3.  The applicant states, in effect, that his report of separation (DD Form 214) incorrectly shows his military occupational specialty (MOS) as 13A10M5 and should show it as 13A10M5R3 and he should have received a GCMDL. 

4.  The applicant’s military records show that he was inducted on 11 February 1971.  He successfully completed his training as a field artillery cannon crewman and was awarded the MOS 13A10.  He was transferred to Germany on 7 July 1971 and was assigned to a nuclear duty position in an artillery unit using 8-inch howitzers.

5.  His records also show that he was promoted to the pay grade of E-4 on 9 March 1972 in the MOS of 13A10M5, that he was in the Personnel Reliability Program (PRP) for nuclear surety, and that he was placed on travel and assignment restrictions due to the sensitive nature of his assignment as a special weapons assembler. 

6.  On 1 December 1972, he was honorably released from active duty for the purpose of attending school.  He had served 1 year, 9 months and 21 days of total active service and was transferred to the United States Army Reserve Control Group (Annual Training).  His DD Form 214 shows that he was awarded the National Defense Service Medal and that he attended the 8-inch Pre-Fire course for a period of 1 week.  His records also show that he had excellent conduct and efficiency ratings and contain no information of a derogatory nature. 

7.  Army Regulation 611-201 provides the enlisted MOS structure for the Army and provides the qualifications and training necessary for award of the applicable ASI for each MOS.  It provides, in pertinent part, that ASI “M5” denotes nuclear operations with the 8 inch howitzer and involves assembly, disassembly and  pre-fire procedures for the 8-inch nuclear projectile.  ASI “R3” denotes nuclear security and involves physical security, including accident/incident control, firefighting, emergency destruction of nuclear weapons during movement, in storage and in tactical situations.  On the job training (OJT) is the prerequisite for award of ASI “R3.”

8.  Army Regulation 672-5-1, in effect at the time, also established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.  The regulation outlines the criteria for award of the Good Conduct Medal (GCMDL) and provides, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL.  Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.

CONCLUSIONS:

1.  Although there is no evidence in the available records to show that he was awarded the ASI of “R3” for nuclear security, it is reasonable to presume that he completed the necessary OJT for nuclear security, given his assignment as a special weapons assembler, his participation in the Nuclear Surety Program (PRP) and his being placed on travel and assignment restrictions.

2.  Accordingly, it would be in the interest of justice to correct his records to add the ASI of “R3” to his MOS at this time.

3.  The Board also notes that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL.  Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 11 February 1971 to 1 December 1972.

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 that the individual concerned possessed the MOS of 13A10M5R3 and by awarding him the GCMDL for the period of 11 February 1971 to 1 December 1972. 

BOARD VOTE:  

___fe ___  __slp____  ___eja __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002073824	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  6	100.0500/ADD ASI	
2.  102	107.0056/GCMDL	
3.		
4.		
5.		
6.