PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 May 2000                  
	DOCKET NUMBER:   AR1999034911

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser		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 the Army Commendation Medal (ARCOM) and the Army Achievement Medal (AAM) 2d oak leaf cluster (3d award) be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

3.  The applicant states that he received the ARCOM and the AAM 2d oak leaf cluster after he received his DD Form 214.

4.  The applicant’s military records show that he enlisted in the Regular Army on 2 December 1993.

5.  Permanent Orders 327-01 dated 26 November 1996, on file in the applicant’s Official Military Personnel File (OMPF), show that he was awarded the AAM for the period 6 – 12 November 1996.

6.  An undated DA Form 638, Recommendation for Award shows that the applicant was recommended for award of the “AAM” for the period 2 – 4 June 1997.  Item 8 of the form shows that he had previously been awarded the AAM 1st oak leaf cluster.  (There is no order for the AAM 1st oak leaf cluster in his OMPF.)  It shows he was awarded the “AAM” on Permanent Orders 8-1 (undated). 

7.  Permanent Orders 255-03 dated 26 September 1997 award the applicant the ARCOM.

8.  On 1 December 1997, the applicant was honorably released from active duty. His DD Form 214 shows he was awarded the AAM (2d award).

9.  The applicant was requested to provide evidence to show he had been awarded the AAM 1st oak leaf cluster prior to being awarded the “AAM” on Permanent Orders 8-1.  He failed to respond to the request within the given time frame.

CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the ARCOM.

2.  In the absence of an award order or certificate showing the applicant was awarded the AAM 1st oak leaf cluster between his AAMs for the periods                6 – 12 November 1996 and 2 – 4 June 1997, the Board presumes that the entry “AAM (1OLC)” in item 8 of the DA Form 638 awarding him the latter AAM is an administrative error.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by adding the Army Commendation Medal to the applicant’s DD Form 214.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __jma___  __cjp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034911	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.