PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 April 2002
         DOCKET NUMBER: AR2001064326


         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
Mrs. Nancy Amos		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.

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2. The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to correct his date of birth (DOB) and to add all his awards and military education.

3. The applicant makes no additional statement.

4. The applicant’s military records show that he enlisted in the Regular Army on 3 July 1997 for 3 years. His enlistment contract shows his DOB as 22 January 1978. His Certification of Birth, which shows his date of birth as 4 September 1978, is filed in his Official Military Personnel File (OMPF). His Questionnaire for National Security Positions, SF 86, shows his DOB as 4 September 1978. A letter from Chichester Senior High School to his recruiter notes his DOB as 4 September 1978. On 10 July 1997, he completed a Personnel Action, DA Form 4187, requesting correction of his enlistment contract to show his DOB as 4 September 1978. His request was approved by the Chief, Personnel Actions Branch on 10 July 1997. He completed basic training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).

5. The applicant provided three Certificates of Training to show he completed the Bradley Fighting Vehicle Infantryman course, the Combat Lifesaver course, and the Combat Team Leaders course.

6. The applicant provided a 20 August 1998 memorandum authorizing him to wear the Armed Forces Service Medal for services in an operational deployment to the Former Yugoslav Republic of Macedonia. He provides a 20 August 1998 memorandum authorizing him to wear the United Nations Medal for participation in a United Nations sponsored deployment to the Former Yugoslav Republic of Macedonia. He provides a 20 August 1998 memorandum showing he was released from Task Force Able Sentry, Macedonia in which he was a participant from 1 March to 20 August 1998. He provides a 14 September 1999 order showing his unit was deployed to conduct peacekeeping operations in support of Operation Joint Guardian in Kosovo effective on or about 7 June 1999. He provides a Certificate of Appreciation for his service to the peacekeeping mission in Kosovo.

7. Permanent Orders 223-01, Task Force 1^st Battalion, 26^th Infantry dated 11 August 1998 awarded the applicant the Army Achievement Medal. Permanent Orders 324-82, Headquarters 2d Brigade Combat Team (Forward) dated 20 November 1999 awarded the applicant the Army Commendation Medal.

8. On 2 July 2000, the applicant was released from active duty with an honorable characterization of service in pay grade E-4 after completing his required active service. He had completed 3 years of creditable active service and had no lost time. His OMPF contains no record of disciplinary actions. His DD Form 214 shows his DOB as 22 January 1978, that he was awarded the Army Service Ribbon and the Overseas Service Ribbon, and that he completed no military education.

9. Joint Staff message 121501Z May 2000 announced the establishment of the Kosovo Campaign Medal to recognize the accomplishments of military service members participating in or in direct support of Kosovo operations within established areas of eligibility (AOE). Service members authorized the Kosovo Campaign Medal must have participated in or served in direct support of Kosovo operations: Allied Force; Joint Guardian; Allied Harbor, Sustain Hope/Shining Hope, Noble Anvil, or Kosovo Task Force Hawk, Task Force Saber, or Task Force Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign AOE. The Kosovo Defense Campaign AOE (11 June 1999 to a date to be determined) includes the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and certain waters and air space in that area.

10. Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. It provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is normally 3 years. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. The unit commander will consider the affected individual’s statement. If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s Military Personnel Records Jacket (MPRJ), DA Form 201. The custodian of the MPRJ will forward these documents for permanent filing in the individual’s OMPF. The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made. The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.

11. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that item 14, military education, of the DD Form 214 will contain in-service training courses successfully completed during the period of service covered by the DD Form 214. The information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.
12. Informal research revealed that the Combat Lifesaver course is a basic medical care course for unit nonmedical personnel. No information on the Combat Team Leaders course could be discovered.

CONCLUSIONS:

1. The evidence of record shows the applicant’s DOB was erroneously recorded on his enlistment contract. He requested that it be corrected days after he enlisted; however, the erroneous DOB was entered on his DD Form 214. It would be appropriate to correct his DD Form 214 to show his DOB as 4 September 1978.

2. The applicant has provided evidence to show he was deployed to Kosovo and Macedonia and is authorized the Armed Forces Service Medal, the United Nations Medal, and the Kosovo Service Medal.

3. The applicant has provided evidence to show he was awarded the Army Commendation Medal and the Army Achievement Medal.

4. The evidence of record shows the applicant would have become eligible for consideration for award of the Army Good Conduct Medal on 2 July 2000. There is no evidence of record to show any disciplinary actions were ever taken against him, there is no evidence of record to show his commander disqualified him from award of the Army Good Conduct Medal, and he was released from active duty with an honorable characterization of service after completing his enlistment. It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

5. The Certificates of Training the applicant provides show that he completed combat courses. Since the guidance for completing item 14 of the DD From 214 specifically prohibits the listing of training courses for combat skills, it appears “none” was properly entered in this item. However, it appears that the Combat Lifesaver course was a basic medical care course for nonmedical unit personnel. The Board concludes that, since it was not a strictly combat training course, it would be appropriate to add that course to his DD From 214.

6. 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 awarding the applicant the Army Good Conduct Medal for the period 3 July 1997 – 2 July 2000.

2. That the applicant’s DD Form 214 be amended to show his DOB as 4 September 1978; to show he was awarded the Army Good Conduct Medal, the Armed Forces Service Medal, the United Nations Medal, the Kosovo Service Medal, the Army Commendation Medal, and the Army Achievement Medal; and to show he completed the one-week Combat Lifesaver course in August 1999.

3. 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



                           Arthur A. Omartian
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064326
SUFFIX
RECON
DATE BOARDED	20020404
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.00
2.	100.07
3.	110.04
4.
5.
6.