PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 May 2002
         DOCKET NUMBER: AR2002066750


         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Donald P. Hupman, Jr.		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, in effect, that his military records be corrected to show all his completed military education and training.

3. The applicant states, in effect, that Item 25 (Education and Training Completed) of his separation document (DD Form 214) does not list all his completed military education and training. In support of his application, he submits three certificates.

4. The applicant’s military records show that on 8 April 1971, he entered the Army for a period of 3 years. He was trained in and awarded military occupational specialty (MOS) 64C (Motor Transport Operator).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 2 March to 25 August 1972. It also shows that while serving in the RVN, he was assigned to 446^th Transportation Company, and performed duties in MOS 64C. The record further shows that during his tour in the RVN, he participated in two campaigns, and that during his tenure on active duty he earned the following awards: National Defense Service Medal; Vietnam Service Medal with 2 bronze service stars; and RVN Campaign Medal with Device 1960.

6. The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served while on active duty.

7. On 18 December 1973, the applicant was honorably released from active duty in the rank and pay grade of specialist/ E-4 (SPC/E-4). The DD Form 214 issued to and signed by him on the date of his separation confirms that on the date of his separation, he had completed a total of 2 years, 8 months, and 11 days of creditable active military service.

8. Two training certificates (DA Forms 87) provided by the applicant confirm that on 10 December 1971, he successfully completed a forty hour Typing Course at Fort Ord, California; and on 25 February 1973, he successfully completed a Recondo Class that he had attended from 1 to 25 February 1973 at Fort Carson, Colorado. In addition, he provided a certificate issued by the Edgewood Arsenal Biomedical Laboratory, Maryland, which shows that he successfully completed a Medical Research Volunteer Program that he attended from 1 March through
30 April 1973.

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9. The applicant also provides a copy of a certificate jointly issued by the Deputy Director and Director of the Edgewood Arsenal Biomedical Laboratory, Edgewood Arsenal, Maryland. This certificate confirms that the applicant participated in and successfully completed all phases of a Medical Research Program that he attended between 1 March and 30 April 1973.

10. Army Regulation 600-8-22 (Military Awards) prescribes the policy on the Army’s awards program. Chapter 4 contains guidance on awarding the AGCM and it states that it will be awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This normal qualifying period is 3 years, except in the case of the first award for which a period of 1 or more years of service is considered a qualifying period at the termination of a period of Federal military service. Even though there is no automatic entitlement to the AGCM, any disqualification must be justified and current policy requires that unit commanders provide written notice of non-favorable consideration and allow individuals the opportunity to respond/rebut the reason for denial of the award.

11. Army Regulation 635-5 in effect at the time, dated 23 May 1972, prescribed the separation documents which were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. Paragraph 2-42 contained guidance and instructions for entries for Item 25 (Education and Training Completed). It stated, in pertinent part, that all service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared would be entered in Item 25. It further stipulated, that for enlisted personnel installation training courses (qualification courses), military correspondence courses, and off-duty education courses completed successfully during the period covered by the DD Form 214 would be entered in Item 25.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. It confirms that the applicant’s unit in the RVN earned the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment tenure.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his separation document did not include all his military education and training he successfully completed during his tenure on active duty and it finds this claim has merit.

2. The regulation, in effect at the time, provided for adding all qualifying service schools, installation training courses, military correspondence courses, or
off-duty courses successfully completed by enlisted personnel during the period covered by the separation document to Item 25 (Education and Training Completed) of the DD Form 214 being issued.

3. The evidence confirms that the applicant successfully completed a 40 hour Typing course on 10 December 1971 and a Recondo course he attended from
1 through 25 February 1973, which were not included in Item 25 of the DD Form 214 issued to him covering his period of active duty service from 8 April 1971 through 18 December 1973. Therefore, the Board concludes that it would be appropriate to add these courses to his separation document at this time.

4. While the applicant provides a certificate confirming that he successfully completed all phases of a Medical Research Volunteer Program, there is insufficient evidence to determine that this program could be categorized as a training or education course. Therefore, the Board finds an insufficient evidentiary basis to add this course to his separation document at this time.

5. Absent any derogatory information on file in the applicant’s record or a specific disqualification from any of his unit commanders, the Board concludes the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM. Thus, the Board concludes it would be appropriate to add this award to his record at this time.

6. In addition, the evidence of record confirms that the applicant is entitled to the Meritorious Unit Citation and to the RVN Gallantry Cross with Palm Unit Citation based on his unit service in the RVN. Therefore, the Board concludes it would also be appropriate to add these awards to his record at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by adding the following entries to Item 25 (Education and Training) of the DD Form 214 of the individual concerned, dated 18 December 1973: “Forty Hour Typing Course”; and “Recondo Class”; by awarding him the first award of the Army Good Conduct Medal for his period of honorable service from 8 April 1971 to 18 December 1973; by showing he earned the Meritorious Unit Citation and the RVN Gallantry Cross with Palm Unit Citation based on his unit service in the RVN; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__MHM__ __KAN__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Melvin H. Meyer____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066750
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/05/14
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0700
2.
3.
4.
5.
6.