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ARMY | BCMR | CY2001 | 2001064250C070421
Original file (2001064250C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 April 2002
         DOCKET NUMBER: AR2001064250


         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Roger W. Able Member
Ms. Karen Y. Fletcher 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, reconsideration of his request to have the Botswana Defense Force Parachutist Badge added to his record and that the incorrect enlistment date and unit to which transferred contained in the enclosed original decisional document (AR2001054202), published by this Board on
10 July 2001, be corrected. In addition, the applicant requests that the Board provide him a copy of a DA Form 1059 showing that he completed advanced individual training (AIT) if there is a copy on file with the Board.

3. The applicant states, in effect, that the enlistment date and the command to which transferred contained in paragraph 4 of the “Findings” portion of the original decisional document published by this Board on 10 June 2001 was in error; and that these items should be corrected to show his correct enlistment date of 1 February 1996 and to show he transferred to an Army National Guard (ARNG) unit. In addition, he asks reconsideration of his request to have the Botswana Defense Force Parachutist Badge added to his separation document and that he be provided a copy of a DA Form 1059 showing that he completed AIT if there is one on file with the Board. In support of his application, he provides a copy of his Personnel Qualification Record; a memorandum, dated
2 June 1998, issued by Headquarters, United States Army Special Operations Command (SOCOM), Fort Bragg, North Carolina; and a copy of his separation document (DD Form 214), effective 31 January 2000.

4. The applicant’s military records show that he enlisted in the Regular Army (RA) and entered active duty on 1 February 1996, and that he continuously served in that status until being honorably released from active duty (REFRAD) on 31 January 2000. Upon his separation from active duty, he was transferred to a Texas ARNG unit and as of the date of his application to this Board, he was still serving as a specialist/E-4 (SPC/E-4) in an Texas ARNG.

5. The DD Form 214 on file confirms that on the date of his separation from active duty, 31 January 2000, the applicant had completed a total of 4 years of active military service and held the rank and pay grade of SPC/E-4. It also verifies, in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), that during his active duty tenure he earned the Army Lapel Button, Army Service Ribbon, Expert Badge (Rifle), and Parachutist Badge.


6. In the enclosed decisional document, dated 10 July 2001, this Board recommended that the applicant’s record, and specifically his DD Form 214, be corrected by adding to the items listed the following entries: Item 11 (Primary Specialty) “31F1P Network Switching System Operator-3yrs 5mos”;
Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) “Army Achievement Medal (First Oak Leaf Cluster), Good Conduct Medal, German Armed Forces Parachutist Badge, British Army Parachutist Wings, Greek Parachutist Badge, Italian Parachutist Badge, Jordanian Parachutist Badge, and Egyptian Parachutist Badge”; and Item 14 (Military Education) “Ranger Indoctrination Program, 3 weeks, November 1996” and “Combat Lifesaver Course, 1 week, March 1998.”

7. Paragraph 4 of the “Discussion” portion of the 10 July 2001 decisional document contained the Board’s conclusion in regard to the applicant’s request to add the Botswana Defense Force Parachutist Badge to his records. This paragraph indicated that the Board determined that the applicant had failed to provide evidence to show that his request for authorization to accept and wear this badge had been approved by the appropriate authority. Therefore, the Board did not recommend this badge be added to his record.

8. In support of his reconsideration request, the applicant provides the enclosed SOCOM memorandum, dated 2 June 1998, which authorized the applicant to accept and wear the Botswana Defense Force Parachutist Badge.

CONCLUSIONS:

1. The Board notes the applicant’s request that the incorrect information contained in the original decisional document issued by the Board on 10 July 2000 be corrected to show his enlistment date as 1 February 1996 and that upon his REFRAD on 31 January 2000, he was transferred to an ARNG unit. However, the Board finds that correcting the original decisional document would provide the applicant no effective relief, given this incorrect information did not result in a change to his military record. The applicant is advised that this decisional document will be filed in his Official Military Personnel File (OMPF) and should serve to clarify any questions in regard to this information if it ever becomes necessary.

2. The Board also finds that the new evidence provided by the applicant confirms that he was authorized to accept and wear the Botswana Defense Force Parachutist Badge by the proper authority. Therefore, the Board now recommends that this award be added to his record.


3. The applicant is further advised that this Board is not an authorized records repository and that no records, documents, or files are maintained by the Board. Therefore, this Board does not have a copy of the DA Form 1059 he requested. If the applicant desires to obtain a copy of this document, he should request a copy from his unit records custodian or the agency that currently maintains his OMPF.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was authorized to accept and wear the Botswana Defense Force Parachutist Badge; and by providing him a corrected separation document that includes this badge in the list of earned awards contained in item 13 of his DD Form 214.

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

BOARD VOTE:

__AAO__ __RWA__ __KYF__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Walter T Morrison___
                  CHAIRPERSON




INDEX

CASE ID AR2001064250
SUFFIX
RECON 2001/07/10
DATE BOARDED 2002/04/04
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 2000/01/31
DISCHARGE AUTHORITY AR635-200
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2.
3.
4.
5.
6.



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