MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 February 2002
         DOCKET NUMBER: AR2001064023

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Raymond J. Wagner		Member
Mr. Richard T. Dunbar		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

---

APPLICANT REQUESTS: In effect, correction of item 12b (Separation Date This Period) on his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show 17 May 1993 instead of 4 January 1993; award of the Humanitarian Service Medal, two awards of the Army Achievement Medal, the National Defense Service Medal, the Parachute Badge (correctly known as the Parachutist Badge) and the Marksman Marksmanship Qualification Badge with Pistol Bar; correction of item 11 (Primary Specialty) to show military occupational specialty (MOS) 71L (administrative specialist) and 95B (military policeman); that his separation authority, separation code, narrative reason for separation, and reentry (RE) code be changed; and that his DD Form 214 be corrected to show that he has a Top Secret security clearance.

APPLICANT STATES: The applicant submitted two applications. He states, in effect, that his discharge was recently upgraded to general (under honorable conditions) by the Army Discharge Review Board (ADRB) and he would like his discharge document amended to help him obtain placement with the New Jersey State Police. In support of his applications, he submits a letter of explanation, dated 24 September 2001 and a copy of his DD Form 214.

COUNSEL CONTENDS: The American Legion, as counsel for the applicant, invites the Board’s attention to the injustice raised by the applicant. Counsel opines that this submission, in conjunction with the official Army records, amply advance the applicant’s contentions and substantially reflect the probative facts needed for an equitable review. Accordingly, counsel rests on the evidence of record.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted on 18 May 1989 for a period of 4 years. He served as a track vehicle repairer in Korea from 27 December 1989 to 19 December 1990 and his highest rate attained was specialist/E-4. On 4 January 1993, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of court-martial. He had served 3 years, 7 months and 17 days of total active service and was issued an RE code of RE-3.

On 1 April 1996, the ADRB denied the applicant’s request for a discharge upgrade to honorable.

On 16 October 2000, the ADRB upgraded the applicant’s discharge to general (under honorable conditions).

Item 12b (Separation Date This Period) on the applicant’s DD Form 214 shows the entry, “1993 01 04”.

His DD Form 214 does not show the Humanitarian Service Medal, any award of the Army Achievement Medal, the Parachutist Badge or the Marksman Marksmanship Qualification Badge with Pistol Bar as authorized awards. The Board notes that the National Defense Service Medal is shown as an authorized award. Therefore, this portion of the applicant’s request will not be discussed further in this Memorandum of Consideration.

Item 11 (Primary Specialty) on the applicant’s DD Form 214 shows the entry, “63H10 TRACK VEHICLE REPAIRER 3 YRS 1 MO/NOTHING FOLLOWS”. Item 25 (Separation Authority) shows the entry, “AR 635-200, CHAP 10” [Army Regulation 635-200, Chapter 10]. Item 26 (Separation Code) shows the entry, “KFS”; and item 28 (Narrative Reason for Separation) shows the entry, “FOR THE GOOD OF THE SERVICE - IN LIEU OF COURT MARTIAL”. Item
27 (Reentry Code) shows the entry, “3”. The applicant’s DD Form 214 does not show entitlement to a Top Secret security clearance.

The applicant’s separation orders, dated 31 December 1992, show his date of discharge as 4 January 1993.

There are no orders for the Humanitarian Service Medal in the applicant’s service personnel records. There is also no evidence that the applicant participated in a Department of Defense approved significant military act or operation of a humanitarian nature.

There are no orders for any award of the Army Achievement Medal in the applicant’s service personnel records. Item 9 (Awards, Decorations & Campaigns) on the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show entitlement to the Army Achievement Medal.

U.S. Army Aberdeen Proving Ground, Support Activity Orders 186-19, dated
27 September 1989, show the applicant was awarded primary MOS 63H10. His DA Form 669 (Fort Riley, KS Supplement to Army Continuing Education System Record), as of 8 December 1992, shows that the applicant did not have a secondary MOS. There is no evidence in the available records which shows the applicant was awarded or qualified for MOS 71L (administrative specialist) or MOS 95B (military policeman).

Army Regulation 635-5-1 (Separation Program Designator Codes) states the reason for discharge based on separation code “KFS” is “In Lieu of Trial by Court-Martial” and the regulatory authority is Army Regulation 635-200, chapter 10.




There are no orders for the Parachutist Badge in the applicant’s service personnel records. Item 9 (Award, Decorations & Campaigns) on the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show entitlement to the Parachutist Badge.

There is no evidence in the applicant’s service personnel records which shows the applicant was awarded or qualified for the Marksman Marksmanship Qualification Badge with Pistol Bar. His DA Form 2-1 does not show entitlement to this badge in item 9 (Awards, Decorations & Campaigns).

There is no evidence in the applicant’s service personnel records which shows his security clearance was Top Secret.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation 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).

Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the




reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. This regulation does not provide for security clearances to be listed on the DD Form 214.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant’s contention that his date of discharge should be 17 May 1993. However, the applicant’s separation orders show that his date of discharge was on 4 January 1993, not on 17 May 1993.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded or otherwise met the qualifications for award of the Humanitarian Service Medal. Therefore, there is no evidence on which to base award of the Humanitarian Service Medal in this case.



3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Army Achievement Medal. Therefore, there is no evidence on which to base any award of the Army Achievement Medal in this case.

4. The Board considered the applicant’s contention that MOS 71L (administrative specialist) and MOS 95B (military policeman) should be included on his DD Form 214. However, there is no evidence of record which shows that the applicant was awarded or held these MOS’s. Therefore, there is no basis for granting his request to amend his discharge document to show these MOS’s.

5. The separation authority, the separation code, the narrative reason for separation and the RE code used in the applicant’s case are correct and were applied in accordance with the applicable regulations. Therefore, there is no basis for granting the applicant’s request to change these items on his discharge document.

6. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Parachutist Badge or otherwise met the qualifications for this badge. Therefore, there is no evidence on which to base award of the Parachutist Badge.

7. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded or qualified for award of the Marksman Marksmanship Qualification Badge with Pistol Bar. Therefore, there is no evidence on which to base award of the Marksman Marksmanship Qualification Badge with Pistol Bar.

8. The Board considered the applicant’s request that his Top Secret security clearance be shown on his discharge document. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that his security clearance was Top Secret. Also, there are no provisions for entering security clearances on the DD Form 214. Therefore, there is no basis for granting the applicant’s request.

9. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

10. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

JL______ RJW____ RTD_____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

---

INDEX

CASE ID	AR2001064023
SUFFIX
RECON
DATE BOARDED	20020226
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0075
3.	107.0025
4.	107.0069
5.	107.0120
6.	107.0110