PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 September 2003
	DOCKET NUMBER:  AR2003090165

	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. John N. Slone		Chairperson	
	Ms. Regan K. Smith		Member	
	Ms. Linda D. Simmons		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 report of separation (DD Form 214) be corrected to reflect his correct rank and two awards of the Army Achievement Medal and that he be issued another Honorable Discharge Certificate reflecting his correct rank. 

3.  The applicant states, in effect, that his DD Form 214 was incorrectly prepared to reflect his rank as private first class (PFC) when he had in fact been advanced to the rank of specialist four (SP4) and it failed to show his two awards of the AAM.  He also states that his Honorable Discharge Certificate also incorrectly reflects his rank as PFC.

4.  The applicant’s military records show that he enlisted in Harrisburg, Pennsylvania, on 31 July 1980 for a period of 3 years, training as a track vehicle mechanic, and assignment to Fort Stewart, Georgia.  He successfully completed his training at Fort Knox, Kentucky, and was transferred to Fort Stewart.  He was advanced to the pay grade of E-3 on 1 May 1981.

5.  He was transferred to Germany on 8 February 1982 and was advanced to the pay grade of E-4, effective 9 February 1982, with a date of rank (DOR) of 1 February 1982.  He remained in Germany until 29 June 1983, when he was returned to Fort Dix, New Jersey, for release from active duty (REFRAD) on 15 July 1983, due to his expiration of term of service (ETS).  At the time of his REFRAD, his DD Form 214 was prepared to reflect his pay grade as E-3 with a DOR of 1 May 1981.  

6.  A review of the available records shows that the applicant was awarded the AAM on 30 April 1982, for his service at Fort Stewart during the period of 2 December 1980 to 2 January 1982.  He was awarded a second award of the AAM on 21 June 1983 for his service at Baumholder, Germany, during his assignment with the 87th Infantry Regiment.  Neither of these awards are reflected on his DD Form 214.  His records also contain no derogatory information. 

7.  On 30 July 1986, the Army Reserve Personnel Center issued the applicant orders and an Honorable Discharge Certificate that discharged him from the United States Army Reserve and the Armed Forces of the United States in the pay grade of E-3.

8.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order8809, 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.

CONCLUSIONS:

1.  The applicant was advanced to the pay grade of E-4 (SP4) on 9 February 1982, with a DOR of 1 February 1982.  His record is absent any derogatory information and given the fact that his DOR reflected on his DD Form 214 shows the original date he was advanced to the pay grade of E-3, it is reasonable to presume that an administrative oversight resulted in his rank being incorrectly reflected.  Therefore, the Board finds that it would be in the interest of justice to correct his records at this time to reflect his proper rank as SP4, with a DOR of 1 February 1982.

2.  Additionally, the applicant was awarded two awards of the AAM that were also overlooked and omitted from his DD Form 214 and which should be added at this time.

3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 31 July 1980 to 15 July 1983.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

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 advanced to the pay grade of E-4 (SP4) on 1 February 1982, that he was awarded two awards of the AAM, and that he was discharged from the Armed Forces of the United States on 30 July 1986, in the rank of SP4; and

	b.  by awarding him the AGCM for the period of 31 July 1980 through 15 July 1983.

BOARD VOTE:  

__js ____  ___lds___  __rks ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2003090165	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/corr 214	
2.		
3.		
4.		
5.		
6.