PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2001
         DOCKET NUMBER: AR2001057018


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Deborah Jacobs		Chairperson
Mr. Elzey Arledge, Jr.		Member
Mr. Donald Hupman		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.

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2. The applicant requests correction of item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (Fourth Oak Leaf Cluster), the Army Physical Fitness Badge, and the Southwest Asia Service Medal and correction of item 14 (Military Education) to show he completed the U.S. Army Reserve (USAR) Orientation Course, the Unit Pay Administration Course, the USAR Records/SIDPERS Course, the Personnel Records Specialist Course, and the Instructor Training Course. He also requests correction of item 11 (Primary Specialty) to show his primary military occupational specialty (PMOS) as 75B2H, to show his secondary MOS (SMOS) as 75D2H, and to show his additional MOS (AMOS) as 82C20.

3. The applicant states that his last DD Form 214 for 1992 was missing schools, awards, and service in support of Desert Storm. His application indicates that he submitted copies of orders and certificates with previous applications; however, these documents were not submitted with his current application.

4. The applicant’s military records show that he enlisted in the Regular Army on 22 July 1983. He completed training as a field artillery surveyor in MOS 82C20 and was honorably released from active duty on 21 May 1986. He enlisted in the Regular Army again on 19 November 1986 and completed training as a personnel administrative specialist in MOS 75B. The applicant was honorably discharged on 18 November 1989.

5. The applicant enlisted in the USAR on 8 January 1990 and was ordered to active duty in the Active Guard/ Reserve (AGR) program on 10 June 1990. He continued to serve in that component until he was honorably released from active duty on 24 January 1992.

6. The applicant’s personnel records contain three DD Forms 214. His discharge document, with a separation date of 24 January 1992, does not show entitlement to the Army Achievement Medal (Fourth Oak Leaf Cluster), the Army Physical Fitness Badge, the Southwest Asia Service Medal or any foreign service.

7. The applicant’s records contain a DA Form 638-1 (Recommendation for Award), dated 1 November 1990. This document shows he was awarded the Army Achievement Medal (Fourth Oak Leaf Cluster) for meritorious achievement during the period 18 June 1990 to 1 December 1990 by 339th Regiment, 84th Division Permanent Orders Number 02-07, dated 16 November 1990.

8. The applicant’s records also contain a Certificate of Achievement, dated 21 May 1990, which indicates that he was awarded the Army Physical Fitness Badge for scoring “295” out of a possible “300” points on his Army Physical Fitness Test on 20 May 1990.

9. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. This data base does not list the applicant’s name.

10. Evidence of record shows the applicant successfully completed the following courses during his period of service in the USAR AGR: (1) USAR Orientation Course (11-15 June 1990); (2) USAR Unit Pay Administration Course (4-8 March 1991); and (3) USAR Unit Records Administration/SIDPERS Course (12-22 May 1991).

11. The applicant’s records contain a DA Form 1059 (Service School Academic Evaluation Report), dated 22 August 1991, which shows he completed the Personnel Records Specialist Course during the period 3 June 1991 through 21 August 1991. Orders show he was awarded secondary MOS 75D2H upon completion of this course. His records contain another DA Form 1059, dated
19 December 1991, which shows he completed the Instructor Training Course (RC) during the period 12 July 1991 through 19 December 1991.

12. The applicant’s DD Form 214, with a separation date of 24 January 1992, shows the entry “75B20 PERSONNEL ADMINISTRATION SPECIALIST, 4 YRS 10 MOS//NOTHING FOLLOWS” in item 11.

13. Headquarters, Fourth U.S. Army and Fort Sheridan Orders Number 54-8, dated 22 August 1991, in the applicant’s personnel records, show he was awarded PMOS 75B2H, SMOS 75D2H and AMOS 82C10 effective 22 August 1991. In addition, these orders withdrew his PMOS 75B20 and SMOS 82C20.

14. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that entries pertaining to the Physical Fitness Badge will be made on the DA Form 2-1 (Personnel Qualification Record-Part II). There is no provision of regulation which authorizes entering award of this badge on the DD Form 214.
15. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-48 provides for award of the Physical Fitness Badge. That paragraph states that the Physical Fitness Badge is awarded to soldiers who obtain a minimum score of 290 on the Army Physical Fitness Test (APFT) and meet the weight control requirements in Army Regulation 600-9. Once the badge is awarded, it may be retained as long as a minimum passing score is achieved on subsequent APFTs and the weight control requirements are met.

16. Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

17. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that
item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. Department of the Army issued guidance to report service in Southwest Asia in item 18 (Remarks) of the DD Form 214.

18. Army Regulation 635-5 states, in pertinent part, that item 14 (military education) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills and correspondence courses are not listed on the DD Form 214.

19. Army Regulation 635-5 provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military, service will be entered in item 11 (Primary Specialty).

CONCLUSIONS:

1. Evidence of record shows the applicant was awarded the Army Achievement Medal (Fourth Oak Leaf Cluster) for meritorious achievement from 18 June 1990 to 1 December 1990. Therefore, he is entitled to correction of item 13 of his DD Form 214, with a separation date of 24 January 1992, to show the Army Achievement Medal (Fourth Oak Leaf Cluster).

2. Evidence of record shows the applicant was awarded the Army Physical Fitness Badge. However, in accordance with the governing regulation, award of the Army Physical Fitness Badge will be listed on the applicant’s DA Form 2-1. Therefore, there is no basis for amending his DD Form 214 with a separation date of 24 January 1992 to show award of the Army Physical Fitness Badge.

3. There is no evidence of record and the applicant has provided no evidence which shows he was awarded the Southwest Asia Service Medal or that he served in Southwest Asia in support of Desert Storm. Therefore, there is no basis for correcting his records to show the Southwest Asia Service Medal.

4. Evidence available to the Board shows the applicant successfully completed training in the USAR Orientation Course (11-15 June 1990), the USAR Unit Pay Administration Course (4-8 March 1991), the USAR Unit Records Administration/SIDPERS Course (12-22 May 1991), the Personnel Records Specialist Course (3 June 1991– 21 August 1991), and the Instructor Training Course (RC) (12 July 1991- 19 December 1991). Therefore, he is entitled to correction of item 14 of his DD Form 214, with a separation date of 24 January 1992, to show these courses.

5. Orders show the applicant was awarded the primary MOS 75B2H, the secondary MOS 75D2H, and the additional MOS 82C10 effective 22 August 1991. At that time, his primary MOS 75B20 and his secondary MOS 82C20 were withdrawn.

6. There is no evidence of record which shows the applicant performed duties in his primary MOS 75B2H and his secondary MOS 75D2H for one year or more. Therefore, there is no basis for amending item 11 of his DD Form 214 to show these military occupational specialties.

7. Evidence of record does show the applicant served in his secondary MOS 82C20 for 2 years and 6 months; therefore, he is entitled to correction of item 11 of his DD Form 214, with a separation date of 24 January 1992, to show the entry “82C20 FIELD ARTILLERY SURVEYOR 2 YEARS 6 MONTHS”.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to the individual concerned be corrected:

a. by deleting the Army Achievement Medal (Third Oak Leaf Cluster) from item 13 of his DD Form 214 with a separation date of 24 January 1992;
b. by amending item 13 of his DD Form 214 with a separation date of 24 January 1992 to show he was awarded the Army Achievement Medal (Fourth Oak Leaf Cluster);

c. by amending item 14 of his DD Form 214 with a separation date of 24 January 1992 to show the entries: “USAR Orientation Course, 1 Week, 1990”; “USAR Unit Pay Administration Course, 1 Week, 1991”; “USAR Unit Records Administration/SIDPERS Course, 2 Weeks, 1991”; “Personnel Records Specialist Course, 11 Weeks, 1991”; “Instructor Training Course (RC), 22 Weeks, 1991”; and

d. by amending item 11 of his DD Form 214 with a separation date of 24 January 1992 to show the entry “82C20 FIELD ARTILLERY SURVEYOR 2 YEARS 6 MONTHS”.

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

BOARD VOTE:

DJ______ EA_____ DH______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Deborah Jacobs________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057018
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011106
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	100.0000
3.
4.
5.
6.